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2023 Supreme(Online)(Pat) 8351
PATNA HIGH COURT
Mr. Justice Partha Sarthy
RAJU MAHTO @ RAJU KUMAR MAURYA – Appellant
Versus
The State – Respondent
CR. MISC./15426/2022
A person accused of kidnapping and marrying a minor girl may be granted bail if the girl does not support the prosecution case and the accused has been in custody for a significant period of time.
Headnote:
BAIL - SECTION 363, 366A, 34 IPC - MINOR GIRL - CONSENSUAL RELATIONSHIP - BAIL GRANTED
Fact of the Case:
The petitioner was arrested for allegedly kidnapping and marrying a 17-year-old minor girl. The girl later gave a statement under Section 164 of the CrPC, stating that she had gone with the petitioner willingly and married him in a temple.
Finding of the Court:
The court noted that the girl had not supported the prosecution case in her statement under Section 164 of the CrPC and that she wanted to go with her husband and mother-in-law. The court also considered that the petitioner had been in custody for over a year and that the investigation in the case had concluded.
Issues: Whether the petitioner should be granted bail considering the girl's statement under Section 164 of the CrPC and the fact that he had been in custody for over a year.
Ratio Decidendi: The court held that the petitioner was entitled to bail as the girl had not supported the prosecution case and he had been in custody for a significant period of time.
Final Decision: The court granted the petitioner bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15426 of 2022
Arising Out of PS. Case No.-62 Year-2021 Thana- SHIVSAGAR District- Rohtas
======================================================
RAJU MAHTO @ RAJU KUMAR MAURYA Son of Late Rikhi Muni
Mahto @ Rishimuni Mahto Resident of Village- Alampur, P.S.- Sheosagar
(Baddi), District- Rohtas, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Rajesh Kumar Singh, Advocate
For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP
Mr. Rajani Kant Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5
11-01-2023
Heard learned counsel for the parties.
The petitioner has preferred this application for grant
of regular bail in a case registered under sections 363, 366A and
34 of the Indian Penal Code.
As per the prosecution case, the petitioner took away
the 17 year old minor daughter of the informant.
It is submitted by learned counsel for the petitioner
that the daughter of the informant returned and her statement
was recorded under section 164 of the Cr.P.C wherein she has
not supported the prosecution case. She has stated therein that
she went with the petitioner our of her own volition and married
the petitioner in a temple. She wants to go with her husband and
mother-in-law. The petitioner is in custody since 27.7.2021.
Patna High Court CR. MISC. No.15426 of 2022(5) dt.11-01-2023
2/2
Heard learned A.P.P for the State.
Having heard learned counsel for the parties and
taking into consideration the allegations, the contents of the
statement of the daughter of the informant under section 164 of
the Cr.P.C, the petitioner having remained in custody for 1 year
5 months since 27.7.2021 and investigation in the case having
concluded, the petitioner is directed to be enlarged on bail in
connection with Sheosagar (Baddi) P.S. Case no. 62 of 2021 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Rohtas at Sasaram.
avinash/-
(Partha Sarthy, J)
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