Petitioner applied for bail in a kidnapping for ransom case under Section 366A IPC. The High Court granted bail, noting the victim was assessed to be major by the medical board and absolved the petitioner in her statement.
Directed to be released on bail on furnishing bonds of Rs. 20,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22259 of 2023
Arising Out of PS. Case No.-65 Year-2022 Thana- DANDARI District- Begusarai
======================================================
Aakash Kumar @ Shivam S/O Shivajeet Singh R/o village and P.S.- Dandari, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Chandan Kumar Kashyap, Advocate For the Opposite Party/s : Mr.Surendra Prasad Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 19-05-2023
Heard learned counsel for the petitioner and learned
APP for the State.
Patna High Court CR. MISC. No.22259 of 2023(2) dt.19-05-2023 2/4
instituted on 17.07.2022 and the informant has not disclosed any satisfactory reason in lodging the FIR with such inordinate delay.The informant has disclosed the age of her daughter as 17 years but the medical board has assessed her age to be between 18-20 years. The statement of the victim girl was recorded under Section 161 of Cr.P.C. wherein she stated that she went to Delhi by train with the petitioner and they solemnized marriage in a temple and started living there and she has further stated that no one has kidnapped her. The victim girl has refused to undergo any kind of internal or physical examination by the medical board and no opinion about any sexual assault was given by the medical board. But the medical board assessed the age of the victim on the basis of radiological and dental findings to be between 18-20 years. Learned counsel further submits that the statement of the victim girl was also recorded under Section 164 of Cr.P.C. wherein she stated that she wants to stay with her husband and she also stated about her love affairs with the petitioner. Learned counsel further submits that the victim girl is major and under the aforesaid circumstances, no case under Section 366A IPC is made out against the petitioner. The petitioner is in custody since 18.10.2022 and charge sheet has been submitted. The petitioner has got no criminal antecedent.
Patna High Court CR. MISC. No.22259 of 2023(2) dt.19-05-2023 3/4
submitting that the informant has stated the age of the victim girl to be 17 years and she was minor on the alleged date of occurrence.
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail
Patna High Court CR. MISC. No.22259 of 2023(2) dt.19-05-2023 4/4
bonds of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
3 issues framed by the court
Whether the petitioner is entitled to bail given the medical board's age assessment of the victim.
Whether the delayed FIR and the victim's refusal of examination negate the case under Section 366A IPC.
What conditions should be imposed on the petitioner's release on bail.
4 provisions across 2 enactments
Aakash Kumar @ Shivam
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
