High Court at Patna granted anticipatory bail to three petitioners accused of kidnapping a minor for marriage under IPC Section 366A, allowing surrender within six weeks on a bond of Rs. 20,000 each with sureties.
Anticipatory bail granted on surrender within six weeks, bond of Rs. 20,000 each with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50700 of 2022
Arising Out of PS. Case No.-341 Year-2018 Thana- DIGHA District- Patna
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... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Abhishek Anand For the Opposite Party/s : Mr.Veena Kumari Jaiswal
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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
5 19-01-2023 Learned counsel for the petitioners is permitted to
remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 366A of the Indian Penal Code.
As per prosecution case, the petitioners are alleged to have kidnapped the minor daughter of the informant for the
Patna High Court CR. MISC. No.50700 of 2022(5) dt.19-01-2023 2/3
purpose of marriage.
Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated at para 3 of the bail petition. The petitioner took the informant’s daughter with the help of co-accused persons. Learned counsel further submitted that prior to the said occurrence the petitioner solemnized marriage with the victim girl and now they are living together. No offence u/s 366A of the I.P.C. is made out against the petitioners as no force was used against the victim. It is further submitted that there is nothing on record that suggests that the victim was enticed or forced her to have sexual intercourse with another person intentionally.
Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.
Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Digha P.S. Case No. 341
Patna High Court CR. MISC. No.50700 of 2022(5) dt.19-01-2023 3/3
of 2018, subject to conditions as laid down under Section 438(2)
of the Code of Criminal Procedure.
This application stands allowed.
(Chandra Prakash Singh, J)
atul/-
U T
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in an offence under Section 366A of the IPC alleging kidnapping for marriage.
2 provisions across 2 enactments
Priyanka Devi
Ravi Kumar @ Ravi Ray
Raju Kumar @ Raju Ray
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
