Tuesday, August 13, 2013

how runaway girl later says abduction, 'taken away', confinement.. & lover gets Ant. Bail ! IS IT difficult to get AB in Patna. This is the second or thrid AB I am seeing on ONE day !! - 01 Aug 2013 ??


how runaway girl later changes it to abduction, 'taken away', confinement.. & lover gets Ant. Bail ! IS IT difficult to get AB in Patna. (recently there were such notes on FB and so this question)

This is the second or thrid AB I am seeing on ONE day !! - 01 Aug 2013 ?? 

Are we sure or just sentimental in saying the HC is NOT granting AB ? are the ppl (victim hubbys) getting the correct lawyers ?? and the correct view of law ?


Note
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"******.was in love with co-accused Md lmran and she eloped with co-accused Md lmran and later on, co-accused Md lmran and victim surrendered themselves before Superintendent of Police from where victim and Md lmran were taken into custody by the Investigating officer which is evident from perusal of paras 21 and 22 of the case diary******."


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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
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CASE FROM PATNA HC WEB SITE 
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Patna High Court Cr.Misc. No.12900 of 2013 (3) dt.01-08-2013 1
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12900 of 2013
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Afroz Mian & Anr **** **** Petitioner/s

Versus

The State Of Bihar **** **** Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR  SRIVASTAVA

ORAL ORDER

01.08.2013 

Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Madanpur P.S. case no.247/2012 registered under section 366A/34 of the IPC.

Admittedly, victim returned to her home and her statement under section 164 of the Cr.P.C was recorded and in the said statement, she stated that she was taken away by these petitioners and she had confined in a room in which one Md Imran was also confined. Learned counsel for the petitioners submits that victim was in love with co-accused Md lmran and she eloped with co-accused Md lmran and later on, co-accused Md lmran and victim surrendered themselves before Superintendent of Police from where victim and Md lmran were taken into custody by the Investigating officer which is evident from perusal of paras 21 and 22 of the case diary. It is further contended by him that later on, victim was tutored by the police and her parents and that was the reason, she gave absurd statement which is not believable.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioners, Afroz Mian and Md Azad, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in Madanpur P.S. case no.247/2012 subject to condition as laid down under section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava,J)

shahid 


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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist