The High Court granted bail to a petitioner charged with kidnapping and sexual offences, noting that the victim's statement indicated the co-accused as the primary suspect.
Release on bail on furnishing a bond of Rs. 10,000/ with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25796 of 2015
Arising Out of PS.Case No. -3 Year- 2015 Thana -RAJNAGAR District- MADHUBANI ====================================================== 1. Govind Narain Chaudhary @ Govind Chaudhary son of Late Manai Chaudhary, resident of Village- Thikaha, Police Station- Rajnagar, District- Madhubani. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajendra Lal Das For the Opposite Party/s : Mr. Ahmad Ali (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 24-07-2015 Petitioner is languishing in custody since 16.02.2015 in a case registered for the offences punishable under Sections 363, 366(A), 34 of the Indian Penal Code.
The accusation is kidnapping the minor grand-daughter of the informant. In 164 Cr.P.C statement the victim got her age recorded as 16 years when Court also assessed as such but as per medical assessment she was found aged about 18 years. The victim has admitted in her 164 Cr.P.C statement that she has friendship with co-accused Bhagwanjee Choudhary and she was abducted by Bhagwanjee Choudhary and this petitioner when Bhagwanjee Choudhary ravished her.
It is submitted by learned counsel for the petitioner that as per 164 Cr.P.C statement the victim has admitted that she has friendship with Bhagwanjee Choudhary and thrust of accusation is against Bhagwanjee Choudhary but he has been released on bail by the Juvenile Justice Board
Patna High Court Cr.Misc. No.25796 of 2015 (2) dt.24-07-2015
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after he being declared juvenile.
A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Considering the 164 Cr.P.C statement of the victim which suggests thrust of accusation against Bhagwanjee Choudhary, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhubani in connection with Rajnagar P.S. Case No. 03 of 2015.
(Dinesh Kumar Singh, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner, whose thrust of accusation is mitigated by the victim's own statement and who has no criminal antecedent, should be released on bail.
2 provisions across 2 enactments
Govind Narain Chaudhary @ Govind Chaudhary
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
