This oral order granted anticipatory bail to the petitioner apprehending arrest in an abduction case pending before the lower court, subject to conditions under Section 438(2) Cr.P.C.
Release on anticipatory bail on furnishing a bond of Rs. 25,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C.
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.39161 of 2023
Arising Out of PS. Case No.-512 Year-2022 Thana- KONCH District- Gaya
======================================================
BHOLA KUMAR SON OF HIRA LAL YADAV RESIDENT OF VILLAGE DHIBRA, P.O - DHIBRA, P.S - KONCH, DISTRICT - GAYA
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR, PATNA
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Brij Mohan Das For the Opposite Party/s : Mr. Uma Shankar Prasad Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 04-08-2023
Patna High Court CR. MISC. No.39161 of 2023(2) dt.04-08-2023 2/3
earlier the bail application of the petitioner was rejected by the learned Court below on the basis that the victim is a minor. The statement of the victim was recorded u/s 164 of Cr.PC in which she has not supported the prosecution case. He submits that the medical board has opined the age of the victim as 19 years. He relied upon the judgment of Hon’ble Apex Court in P. Yuvaprakash vs. State Rep. by Inspector of Police 2023 SCC Online SC 846 . He submits that in the aforesaid Hon’ble Apex Court judgment it is stated that the age of victim determined has to be determined by the concerned Court by considering the following documents:
(i) by the date of birth certificate from the school or the matriculation or equivalent certificate from the concerned examination board, if available, and in the absence thereof;
(ii) the birth certificate given by a corporation or a municipal authority or a panchayat;
(iii) and only in the absence of (i) and (ii) above, age shall be determined by an ossification test or any other latest medical age determination test conducted on the orders of the Committee or the Board.
Patna High Court CR. MISC. No.39161 of 2023(2) dt.04-08-2023 3/3
(Anjani Kumar Sharan, J)
shikha/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail apprehending arrest for abduction with intent to marry involving a minor.
Colour shows how this judgement treated each authority
P. Yuvaprakash vs. State Rep. by Inspector of PoliceFollowed¶17
P. Yuvaprakash vs. State Rep. by Inspector of Police 2023 SCC Online SC 846 · Who else cites this
Bhola Kumar Son of Hira Lal Yadav
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Anjani Kumar Sharan
Parties & counsel
