Petitioner in custody alleged false implication. Court examined nature of FIR allegations under IPC and POCSO. Held no ground for bail; petition dismissed.
Bail prayer dismissed; petitioner remains in custody.
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.55288 of 2017
Arising Out of PS. Case No.-193 Year-2017 Thana- SONBERSA District- Sitamarhi
======================================================
Ram Udar Rai, son of Late Jamun Rai, resident of Village- Kachaharipur, Police Station- Sonbarsa, District- Sitamarhi.
... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Rajendra Prasad Singh, Adv. Mr. Sunil Prasad Singh, Adv. For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
2 16-11-2017
Heard Sri Rajendra Prasad Singh, learned counsel, assisted
by Sri Sunil Prasad Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor.
The sole petitioner, who is in custody since 21.07.2017 in Sonbarsa P.S. Case No.193/2017 registered for the offence under Sections 363, 366(A), 366(B) of the Indian Penal Code, Section 4 of POCSO Act as well as Sections 5 /6 of PITA Act, has prayed for grant of bail.
It was submitted by learned counsel for the petitioner that falsely the petitioner has been implicated in the present case, but fact remains that father of the recovered girls filed a petition before the court below for their release and no complaint was made by him in the court below.
Patna High Court Cr.Misc. No.55288 of 2017(2) dt.16-11-2017 2/2
Considering the nature of allegation made in the F.I.R, the Court is of the opinion that there is no reason to grant bail to the
petitioner. The petition stands dismissed.
(Rakesh Kumar, J)
nawalkrs/-
U T
2 issues framed by the court
Whether bail can be granted to the petitioner in a case involving offences under Section 363, 366(A), 366(B) of IPC, Section 4 of POCSO Act, and Sections 5/6 of PITA Act.
Whether the allegations against the petitioner are grounded in the facts disclosed in the FIR.
3 provisions across 3 enactments
Ram Udar Rai
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Rakesh Kumar
Parties & counsel
