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Kolhan Samvedak Sangh vs The State of Jharkhand

Jharkhand High Court · Decided on 4 July 2017 · Citation: (2017) 07 JH CK 0008

HON’BLE JUDGES
Shree Chandrashekhar
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-164>Section 164</a> - Recording of confessions and statements · <a href=1767>Indian Penal Code, 1860</a>, <a href=1767-365>Section 365</a>, <a href=1767-120>Section 120(b)</a> - Kidn
CASE NUMBER
4519 of 2017
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Judgment

4 paragraphs · 199 words
1.

Heard the learned counsels appearing for the parties and perused the documents on record.

2.

Contending that refusal by the victim to undergo medical examination lends credibility to the stand of the petitioner that the victim, on her own, accompanied the petitioner and, in fact, married him, Mr. Ashutosh Kumar Singh, the learned counsel for the petitioner submits that on the pressure from her parents, the victim namely, Heena Parween has got her statement recorded under Section 164 Cr.P.C .

3.

The petitioner is a named accused in Hindpiri P.S. Case No.86 of 2016, corresponding to G.R. No.4495 of 2016 registered for the offences under Sections 365/120(B) IPC . The victim girl in her statement under Section 164 Cr.P.C . has lavelled specific allegations against the petitioner.

4.

Learned APP has opposed the prayer for grant of bail. Considering the gravity of the offence and the manner in which the victim girl was abducted by the petitioner, I am not inclined to grant bail to him, at this stage, and accordingly, this application is dismissed. However, after the examination of the victim namely, Heena Parween in the court, the petitioner may renew his prayer for grant of bail.