This criminal appeal challenged the refusal of bail by the Additional Sessions Judge. The High Court allowed the appeal, reversing the lower court order and releasing the appellant on bail with sureties and a cooperation condition.
The appellant to be released on bail by furnishing a bond of Rs. 20,000 with two sureties.
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 Appeal (SJ) No.2939 of 2017
Arising Out of PS.Case No. -2 Year- 2017 Thana -SARMERA District- NALANDA
(BIHARSHARIFF)
====================================================== Santosh Yadav, son of Jarmani Yadav, resident of village Govindpur, P.S. Dharhara, District Munger. .... .... Appellant Versus The State of Bihar. .... .... Respondent ====================================================== Appearance : For the Appellant/s : Mr. Kamal Kishore Jha, Adv. For the Respondent/s : Mr. S.A.Ahmad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
Heard learned counsel for the parties.
5 12-12-2017
This is an appeal under Sections 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for regular bail by the learned Additional Sessions Judge, 1st -cum-Special Judge, Nalanda at Biharsharif in connection with Sarmera P.S.Case No. 02 of 2017 registered under Sections 363, 366 (A) of the Indian Penal Code. Later on Section 376 IPC and Sections 4 and 8 POCSO Act has been added.
Allegation against the appellant is that he kidnapped the minor daughter of the informant with intent to marry with her. The victim girl in her statement under Section 164 Cr.P.C. stated that the appellant took her by saying that he would marry with the victim. When she forbade the appellant, forcefully took her to Lakhisarai and was in physical relation with her.
Patna High Court CR. APP (SJ) No.2939 of 2017 (5) dt.12-12-2017
2
Submission is that the matter is of love affairs and under pressure to the parents, she has given her tutored statement under Section 164 Cr.P.C. The appellant is in custody since 18.03.2017.
Considering the entire facts aforesaid, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sarmera P.S.Case No. 02 of 2017, subject to the condition that the appellant shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.
Accordingly, this appeal stands allowed and the impugned order is set aside.
(Birendra Kumar, J)
Nitesh/-
U T
1 issue framed by the court
Whether the appellant is entitled to regular bail in the facts and circumstances of the case.
5 provisions across 4 enactments
SANTOSH YADAV
THE STATE OF BIHAR
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
