In a CPL case regarding POCSO and IPC offences, the High Court allowed bail to the petitioner relying on a Medical Board's age finding and the victim's statement of voluntary marriage, fixng bond of Rs 10,000 with two sureties.
Petitioner released on bail on furnishing bonds of Rs 10,000 with two sureties of like amount each.
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.30121 of 2017
Arising Out of PS.Case No. -8 Year- 2017 Thana -NAUTAN District- WESTCHAMPARAN(BETTIAH)
====================================================== Ayodhya Sahani, Son of Kapil Sahani, Resident of village- Shiv Sah Ka Tola, Police Station- Nautan, District- West Champaran.
.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party/s : Mr. Smt. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
Heard learned counsel for the petitioner and learned APP for the State.
2 07-07-2017
This is a case registered under Sections 366(A), 34 and 363 of the Indian Penal Code and 4 of POCSO Act.
Counsel for the petitioner submits that the Medical Board has assessed the age of the victim girl to be 17-18 years. The finding of the Medical Board has been annexed as annexure 3 to this petition. He has also annexed the statement of the victim girl Rinku Kumari made before the Magistrate under Section 164 Cr.P.C wherein she deposed that she has married the instant petitioner on her own sweet will without any coercion. He also submits that pursuant to her statement under Section 164 Cr.P.C, the victim girl has been released in favour of the instant petitioner.
Patna High Court Cr.Misc. No.30121 of 2017 (2) dt.07-07-2017
2/2
Petitioner is in jail custody since 16.04.2017.
In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bettiah, West Chjamparan in Nautan P.S. Case No. 08 of 2017.
(Madhuresh Prasad, J)
Prakash/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail given the Medical Board's assessment of victim's age and the victim's voluntary marriage statement?
Colour shows how this judgement treated each authority
statement under Section 164 Cr.P.CReferred¶8
2 provisions across 2 enactments
Ayodhya Sahani
State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
