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2023 Supreme(Online)(Pat) 1444
PATNA HIGH COURT
KRISHAN KUMAR – Appellant
Versus
The State – Respondent
CR. MISC./58472/2022
A person cannot be convicted of kidnapping if the victim is a major and has consented to the marriage.
Headnote:
KIDNAPPING - BAIL - SECTION 438 CRPC - CONDITIONS
Fact of the Case:
The petitioner was accused of kidnapping a minor girl with the intent to marry her. The victim girl, however, claimed that she was a major and had married the petitioner with her consent.
Finding of the Court:
The court found that the victim girl was a major and had married the petitioner with her consent. The court also noted that the petitioner had no criminal antecedents.
Issues: Whether the petitioner was guilty of kidnapping.
Ratio Decidendi: The court held that the petitioner was not guilty of kidnapping because the victim girl was a major and had married him with her consent.
Final Decision: The court granted the petitioner bail.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58472 of 2022
Arising Out of PS. Case No.-175 Year-2022 Thana- BIDUPUR District- Vaishali
======================================================
KRISHAN KUMAR S/o- Shesh Vindu Paswan R/o Village- Keshwarpur,
Pakri, P.S- Bidupur in the District of Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Ranjeet Kumar, Adv.
For the Opposite Party/s:
Mr.Akbar Ali, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
2
03-01-2023
Heard learned counsel for the petitione and learned A.P.P.
for the State.
The petitioner apprehend his arrest in a case registered
for the offences punishable under Sections 363, 366(A), 34 of
the Indian Penal Code.
Allegedly, petitioner Krishna Kumar and other accused
persons, named in the FIR, kidnapped her daughter Muskan Ku-
mari with intent to marry with Krishan Kumar.
It is submitted by learned counsel for the petitioner that
petitioner is innocent and has been falsely implicated in this
case. He has not committed any offence. No such occurrence
did ever take place, rather the petitioner has falsely been impli-
cated in this case for marrying with victim girl. There is spe-
cific allegation against the petitioner that he has kidnapped the
Patna High Court CR. MISC. No.58472 of 2022(2) dt.03-01-2023
2/2
informant’s minor daughter aged about 17 years. It is further
submitted that the victim girl is a major and both were in love.
They performed marriage with each other with her sweet will,
in a temple in Assam, which is quite evident from the statement
of victim girl recorded u/s 164 CrPC. She has not supported the
prosecution story. Petitioner has no criminal antecedent as
mentioned in para-3 of this application.
Learned APP for the State opposed the prayer for bail.
Having regard to the facts and circumstances of the case,
let the above named petitioner, be released on bail, in the event
of his arrest or surrender before the learned Court below within
a period of six weeks from today, on furnishing bail bond of
Rs.25,000/- (Rupees Twenty Five Thousand) each with two
sureties of the like amount each to the satisfaction of the
learned lower Court where the case is pending/successor Court
in connection with Bidupur P.S. Case No.175 of 2022, subject
to the condition as laid down under Section 438 (2) of the
Cr.P.C.
divyanshi/-
(Anjani Kumar Sharan, J)
U
T
