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MANISHA BATRA
Ramdev Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mrs. Manisha Batra, J. (Oral)
Through the instant petition, filed under Section 438 of Code of Criminal Procedure, 1973, the petitioner seeks anticipatory bail in case FIR No. 167, dated 15.07.2023, under Sections 363 and 366 of the IPC at Police Station Radaur, District Yamuna Nagar.
2. Brief facts of the case relevant for the purpose of disposal of the present petition are that the aforementioned FIR was registered on the written complaint filed by the complainant 'P' (name withheld) alleging therein that her daughter 'PL' (name withheld), who was studying in 12th Class, was found missing from her house in the intervening night of 12-13.07.2023, when she herself had woken up. They had kept on searching for their daughter but could not find her and now they had come to know that she had been enticed away by the petitioner on the pretext of performing marriage with her. After registration of the FIR, investigation proceedings were initiated. In the meantime, the victim and the petitioner filed a petition before this Court, bearing CRWP-7679-2023, seeking protection to their life and liberty. Since the victim was minor, she was ordered to be sent to Aashiana, Sector 16, Panch
The absence of evidence showing inducement by the accused negates charges of kidnapping under IPC, even if the victim is a minor.
The court considered the voluntary nature of the victim's actions, the failure of the prosecution to provide essential evidence, and the victim and her family's express consent for granting anticipat....
Anticipatory bail granted based on the victim's statement of voluntary departure and clean antecedents of the accused.
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