The Patna High Court granted anticipatory bail to the petitioner in a case involving abduction of a minor for marriage under POCSO and IPC sections, noting he was not directly implicated despite co-accused involvement.
Petitioner released on anticipatory bail on furnishing security and subject to conditions under Section 438(2) Cr.P.C.
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.14278 of 2016
Arising Out of PS.Case No. -40 Year- 2015 Thana -AMBA District- AURANGABAD ====================================================== Yogendra Singh @ Yogendar Singh S/o Late Sheonandan Singh R/o village - Balia, P.S. Amba, District - Aurangabad .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Gopesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 07-04-2016 Heard learned counsels for the petitioner, State and the informant. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code. Subsequently sections 376(D), 174A of the IPC and 4 of The Protection of Children from Sexual Offences Act were also added. The prosecution case is abducting the minor daughter of the informant by five accused persons including the petitioner for the purposes of the marriage. It is submitted by learned counsel for the petitioner that in 164 Cr.P.C. statement the victim has got her age recorded as 17 years when the court has assessed as such,
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though, as per medical opinion she was found between 16-17 years. She has stated that she was abducted by co-accused Deepak Kumar, Rahul and Sonal, who relieved the victim after three days, though, the victim has not alleged anything against the petitioner. It is further submitted that, though, she has stated that this petitioner is the father of one of the accused Deepak and on conclusion of the investigation the petitioner was not sent up for trial, but differing with the final form cognizance has been taken against the petitioner. The petitioner is accused in two other cases in which he is on bail.
It is submitted by learned counsel for the informant that during investigation material was collected against the petitioner and the learned Magistrate differing with the final form has taken cognizance against the petitioner.
Considering the thrust of accusation against three above named co-accused persons and the victim has not alleged anything against the petitioner, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO Act –
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cum- Additional Sessions Judge-I, Aurangabad in connection with Amba P.S. Case No. 40 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J)
DKS/-
U T
2 issues framed by the court
Whether the petitioner is eligible for anticipatory bail given the absence of a direct allegation against him in the prosecution case.
Whether the discrepancy between the victim's self-ascribed age and medical opinion impacts the grant of anticipatory bail.
1 provisions across 1 enactments
Yogendra Singh @ Yogendar Singh
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
