In a recent ruling, the Punjab and Haryana High Court highlighted that the circumstances surrounding the departure of a minor must be carefully considered before labeling it as kidnapping. Justice Manisha Batra, while granting anticipatory bail to the accused in a case involving the alleged abduction of a 17-year-old girl, emphasized that the girl’s maturity and capacity to make independent decisions play a crucial role.
Justice Batra explained that if the girl voluntarily accompanies the accused, his actions should be seen as facilitating her wishes rather than coercing her. She further clarified that for a kidnapping charge to stand, the accused must actively participate in the minor leaving her lawful guardianship.
Regarding the specific case, where the accused faced charges following a complaint by the girl’s father, the Court noted that the girl, in her statement, revealed that she left her home by choice, without implicating the accused. Given her age and nearing adulthood, the Court reasoned that the matter of whether the accused enticed or coerced her into marriage could be determined during the trial proceedings.
Consequently, the Court granted the accused pre-arrest bail, deeming it unnecessary for his custodial interrogation or any recovery action. The accused was instructed to cooperate with the investigation. Advocate Vishal Goel represented the accused, while Senior Deputy Advocate General Ruchika Sabherwal represented the State of Punjab, and Advocate Sukhdeep Singh represented the complainant.
