Tuesday, August 13, 2013

girl elopes +marries lover, uncle files abduction. lover gets A. bail. PatnaHC. 10 years before final justice is rendered in this case ??

girl elopes +marries lover, uncle files abduction. lover gets A. bail. Patna HC. 10 years before final justice is rendered in this case ??



Criminal Miscellaneous No.22134 of 2013

Ramu Manjhi Son Of Sri Jethan Manjhi Resident Of Village - Diha Police 
Station - Guraru District - Gaya**** **** Petitioner/s


The State Of Bihar  **** **** Opposite Party/s
Appearance :
For the Petitioner/s : Mr. 
For the Opposite Party/s : Mr. 




Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in connection with Guraru P.S. Case No. 112 of 2012 registered for offence punishable under Sections 366A/34 of the Indian Penal Code.

The petitioner, along with others, is accused of abducting the minor niece of the informant for the purpose of marriage.

Learned counsel for the petitioner submits that due to there being love affair between the girl and the petitioner, she had gone with him on her free will and married him. It is submitted that the informant's party were aware of the same which would be clear from the fact that the F.I.R. has been lodged after about nine days from the alleged date of occurrence and there is no explanation for the same. Learned counsel further submits that subsequently the girl has also appeared before the Court and recorded her statement under Section 164 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') in which she has stated that she had married the petitioner on her own free will and there was no kidnapping. She has also said that she was living with the petitioner and his family members. Copy of the said deposition has been brought on record by way of supplementary affidavit filed on behalf of the petitioner. It is also submitted that the petitioner has no criminal antecedent. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Guraru P.S. Case No. 112 of 2012, subject to the conditions laid down in Section 438 (2) of the Code. 

(Ahsanuddin Amanullah, J.)


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