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Saptarshi Paul (Advocate)     05 January 2011

False Kidnapping case

Mr A is aged about 24years , Miss B is aged about 19years & they performed registered marriage 0n 24/12/2010 . On 22/12/2010 the uncle of Miss B lodged an FIR against Mr A alleging that he had kidnapped Miss B who is a minor girl and the police had registered the complain u/s 366A IPC. Now I have moved Anticipatory Bail in District & session judge and also submitted the Age proof certificate of the Girl which is given by the School Headmaster of the school where she had first admitted & also the marriage certificate of their marriage. Now the district judge did not allow the bail even I was ready to appear the girl before the district judge so that She submit her view that on her will they get marriage and no force or kidnapping had done by any one but the district judge did not hear my view and call CASE DIARY on 7/1/2011 AND given direction to record the statement of the girl U/s 164 crpc on the concerned Police station. My question is that whether the District judge has discretionary power to record the statement of The Girl and grant the interim bail to the said accused ? is the there any ruling in this regard ? Now my question is that if the police officer handed over the girl to her parents or locked up the boy while giving the statement for that what precaution should I take being as an advocate. Is School Headmaster Certificate on the basis of register of record , is not sufficient as an age proof for high school drop out girl ? Can the Accused move freely as the anticipatory bail is pending for cased diary ? Is there any provision? Kindly send me provisions of law & guidance Regards S.Paul


 3 Replies

Kshiteej Anokar (Advocate)     06 January 2011

Dear Friend, just in last year i faced same problem and in that matter i took recorse of provisions of domestic violance act and applied through the girl for protection order and argued that, the girl is subject of domestice violance and the Learned J.M.F.C after verifing the truth of the application allowed my application and passed the protection orders in favor of my client and his newly married husband so please try

Kshiteej Anokar (Advocate)     06 January 2011

the provision of D.V. Act can be used against the parents of the girl and even the police authorisitises set in motion by the parents of the girl

ishiyoomani (nil)     05 July 2013

Hi Kshieej,

Needed one advise on similar case with one difference as i need to resce a girl from her parental home who is major as per law, i am related as one of her relative.

she is in other state then mine, on basis of her statment through written note to me can my lawyer send legal notice to her parents from my current location, and if the girl runaway and comes to me after serving the legal notice, can her parent invoke Kidnapping case against me? 

if at all its invoked can how can i protect myself from getting arrested?



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