Criminal Miscellaneous application seeking regular bail in a case involving kidnapping of a minor for marriage. Court allowed bail after considering custody duration and lack of evidence regarding force or seduction.
Petitioner enlarged on bail by furnishing bond of Rs. 20,000 with two sureties of same amount.
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.55851 of 2024
Arising Out of PS. Case No.-46 Year-2024 Thana- CHAUTHAM District- Khagaria
======================================================
Uago Muni @ Ugo Muni S/o Gurudev Muni R/o vill - Chhoti Muskipur, P.S. - Gogri, Distt.- Khagaria
... ... Petitioner
... ... Opposite Partys
====================================================== Appearance : For the Petitioner : Mr.Shashank Shekhar For the Opposite Party : Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 20-08-2024
Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Chautham P.S. Case No. 46/2024 dated 19.02.2024 registered for the offence punishable u/s 366A read with 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The victim in her statement recorded u/s 164 of the
Patna High Court CR. MISC. No.55851 of 2024(2) dt.20-08-2024 2/2
Cr.P.C. has stated that she has solemnized marriage with the petitioner. There is nothing on record which shows that the victim was forced or seduced to have illicit intercourse with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 29.02.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the victim is a minor girl.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Khagaria in connection with Chautham P.S. Case No. 46/2024.
7. The application stands allowed.
(Chandra Prakash Singh, J)
atul/-
U T
2 issues framed by the court
Whether the petitioner is eligible for regular bail in a kidnapping case registered against a minor for the purpose of marriage.
Whether the period of custody warrants enlargement on bail.
1 provisions across 1 enactments
Uago Muni @ Ugo Muni
The State of Bihar
Sunaina Devi
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
