Karoo Kumar v. the State of Bihar

Patna HC22 Nov 2024CR. APP (SJ)/460/2024

Case brief

AI extract

What is this about?

Anticipatory bail granted; order rejecting bail set aside; kidnapping of minor for marriage (S. 366(A)/34 IPC) with SC/ST Act S. 3(1)(r)(s)/3(2)(v); victim's Section 164 Cr.P.C. statement denying kidnapping and asserting temple marriage with accused; clean antecedents; Islampur P.S. Case 412/2023, Nalanda; bail-bond Rs. 10,000 with two like sureties; Criminal Appeal (SJ) No. 460 of 2024, Patna High Court, decided 22-11-2024.

What did the court decide?

Anticipatory bail: appellant, if arrested or surrendering within eight weeks, to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- with two sureties of the like amount each; impugned order dated 03.11.2023 set aside. ¶¶20

Karoo Kumar Vs the State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶20

Issue for consideration

Whether the order dated 03.11.2023 of the A.D.J. 6th cum Special Judge, SC/ST Court, Nalanda, rejecting the appellant's prayer for anticipatory bail in Islampur P.S. Case No. 412 of 2023, should be set aside.

¶¶15

Court's answer

Considering the statement of the victim recorded under Section 164 Cr.P.C. (denying the kidnapping and stating she married the appellant in a temple) and the fact that the appellant has clean antecedents, the impugned order dated 03.11.2023 rejecting anticipatory bail is set aside and the criminal appeal is allowed.

¶¶20

Ratio / Principle

The appellant, in the event of arrest or surrender within eight weeks, is to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the A.D.J. 6th cum Special Judge, SC/ST Court, Nalanda, Biharsharif, in connection with Islampur P.S. Case No. 412 of 2023.

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Detailed headnote1 paragraphs

Criminal Appeal (SJ) No. 460 of 2024 (Patna High Court, Prabhat Kumar Singh, J., 22-11-2024): Appeal by the accused against the order dated 03.11.2023 of the A.D.J. 6th cum Special Judge, SC/ST Court, Nalanda, Biharsharif, rejecting his anticipatory bail in Islampur P.S. Case No. 412 of 2023, registered under Sections 366(A)/34 IPC and Section 3(1)(r)(s)/3(2)(v) of the SC/ST Act, alleging kidnapping of the informant's minor daughter for marriage. Counsel pointed out that in her Section 164 Cr.P.C. statement the victim denied the kidnapping and stated she had married the appellant in a temple, and that the appellant had clean antecedents. Holding: on consideration of the victim's Section 164 Cr.P.C. statement and the appellant's clean antecedents, the impugned order was set aside and the appeal allowed; the appellant, if arrested or surrendering within eight weeks, was enlarged on bail on a bail-bond of Rs. 10,000/- with two sureties of the like amount each. Nobody appeared for respondent no. 2 despite notice. No precedent was cited or discussed in the order.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.460 of 2024

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Arising Out of PS. Case No.-412 Year-2023 Thana- ISLAMPUR District- Nalanda

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======================================================

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KAROO KUMAR S/O RAJAN PRASAD R/O VILLAGE- CHANDAPUR, P.S- TELHARA, DISTT.- NALANDA.

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... ... Appellant/s

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Versus

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THE STATE OF BIHAR

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PINTU DEVI W/O SHAKTI KUMAR PASWAN R/O VILLAGE- KEUR, P.S- HULASGANJ, DISTT.- JEHANABAD.

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==============	========================	... ... Respondent/s ================
Appearance :
For the Appellant	: Mr. Sudish Kumar
For the Resp/State	: Mr. Binay Krishna
For Resp.No.2 ==============	: None ========================	================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 22-11-2024

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Heard learned counsel for the appellant and learned

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Special P.P. for of the State. Despite valid service of notice, nobody appears on behalf of respondent no. 2.

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This appeal has been filed against the order dated

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03.11.2023 passed by learned A.D.J. 6^th cum Special Judge, SC/ST Court, Nalanda, Biharsharif in connection with Islampur P.S. Case No. 412 of 2023, registered under Sections 366(A)/ 34 of the Indian Penal Code and Section 3(1)(r)(s)/3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short “SC/ST Act”), whereby the prayer for anticipatory bail of appellant has been rejected.

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As per prosecution case, all the F.I.R. named accused persons including this appellant kidnapped the minor daughter of informant for the purpose of marriage.

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Patna High Court CR. APP (SJ) No.460 of 2024(4) dt.22-11-2024 2/2

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Learned counsel for the appellant submits that during invstigation, the victim in her statement recorded under Section 164 Cr.P.C., has denied the factum of kidnapping and has stated that she has married with this appellant in a temple. He further submits that it is not the case of the informant that at the time of alleged occurrence, any public was present and as such, no case under the SC/ST Act is made out. Appellant claims clean antecedent.

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Learned Spl. Public Prosecutor opposes the appeal.

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Considering the statement of the victim recorded under Section 164 Cr.P.C. and the fact that appellant has got clean antecedent, the impugned order dated 03.11.2023 is, hereby, set aside and this criminal appeal is allowed.

¶21

Let the appellant, as named above, in the event of arrest or surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 6^th cum Special Judge, SC/ST Court, Nalanda, Biharsharif in connection with Islampur P.S. Case No. 412 of 2023.

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(Prabhat Kumar Singh, J)

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anay

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U T

Karoo Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Karoo Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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