The High Court at Patna granted regular bail to Md. Nausad Rain in a kidnapping case involving a minor. The court relied on the victim's statement indicating voluntary surrender and marriage.
Regular bail granted on furnishing a bond of Rs. 30,000 with two sureties of like amount subject to conditions under Section 437(3) CrPC.
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.8587 of 2024
Arising Out of PS. Case No.-57 Year-2022 Thana- DUMRA District- Sitamarhi
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Md. Nausad Rain Son Of Ajim Rain @ Azim Rain Resident Of VillageMarpa Kachor Ps- Kanhauli, Distt- Sitamarhi At Present At VillageTalkhapur, Ps- Dumara, Distt- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance : For the Petitioner/s : Mr.Uday Kumar, Advocate For the Opposite Party/s : Mr.Ramchandra Sahni, APP
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
3 09-04-2024 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
Patna High Court CR. MISC. No.8587 of 2024(3) dt.09-04-2024 2/2
kidnapped rather she went with her own sweet will. The victim further stated that she has performed marriage with the petitioner with her own sweet will and she wants to go with her mother-in-law. The medical report of the victim is also attached which suggests that the victim has refused for medical examination. The petitioner is in custody since 28.09.2023 having no criminal antecedent.
(Dr. Anshuman, J)
Ashwini/-
U T
3 issues framed by the court
Whether bail should be granted to the petitioner in the kidnapping case given the victim's change in statement and his lack of prior criminal record.
Whether the victim's allegation of voluntary participation negates the charge of kidnapping with ulterior motive.
The conditions to be prefixed for the regular bail of the petitioner in Dumra P.S. Case No. 57/2022.
3 provisions across 2 enactments
Md. Nausad Rain
The State of Bihar
Dr. Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
