Hon'ble High Court at Patna granted regular bail to the petitioner in connection with a case of kidnapping for marriage, considering the victim's physical appearance and statement that she voluntarily lives with the appellant.
Petitioner enlarged on bail on furnishing a bond of Rs. 20,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2910 of 2025
Arising Out of PS. Case No.-69 Year-2024 Thana- BASOPATTI District- Madhubani
======================================================
Pawan Kumar Kamat S/o- Late Rajeshwar kamat @ Late Rajeshwar Choudhary Village- Navratan Tola Ps- Bisfi Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Subhash Kumar Jha For the Opposite Party/s : Mr.Aditya Narayan Singh.1
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
3 21-02-2025
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 Basopatti P.S. Case No. 69/2024 dated 22.04.2024 (G.R No. 819/2024) corresponding to Special Case No. 122/2024 registered for the offences punishable u/ss 363, 366A, 341, 323, 504 and 506 read with Section 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
Patna High Court CR. MISC. No.2910 of 2025(3) dt.21-02-2025 2/3
this case. There is love affair between the parties. Today, the victim appeared physically in the court and she has stated that she has solemnized marriage with the petitioner and she is willingly living in the house of 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 two antecedents as stated in para 3 of the bail petition. As per the impugned order, the petitioner is in custody since 31.08.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. The victim in her statement recorded u/s 164 of the Cr.P.C. has stated that the petitioner was already married and he has established physically relationship with her.
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, Madhubani in connection with Basopatti P.S. Case No. 69/2024 dated 22.04.2024 (G.R No. 819/2024) corresponding to Special Case No. 122/2024.
Patna High Court CR. MISC. No.2910 of 2025(3) dt.21-02-2025 3/3
7. The application stands allowed.
(Chandra Prakash Singh, J)
atul/-
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail in connection with offences of kidnapping for marriage and hurt.
Whether the victim's statement that she willingly lives with the petitioner influences the bail decision.
Pawan Kumar Kamat
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
