Petitioner in custody under POCSO and IPC sections for minor's kidnapping. Victim ×164 Cr.P.C. statement suggested voluntary accomplice act. Court granted bail on Rs.20,000 with conditions.
Petitioner released on bail of Rs.20,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.58397 of 2017
Arising Out of PS.Case No. -377 Year- 2017 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH)
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Smt. Anita Kumari Singh, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 14-12-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
The petitioner is in custody in connection with Shikarpur P.S. Case No.377 of 2017, a case under Sections 363/366/34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.
The F.I.R. relates to an occurrence of kidnapping of
the minor daughter of the informant.
The victim in her statement under Section 164 Cr.P.C. stated that she was not kidnapped; rather she had voluntarily gone with the petitioner.
Learned counsel for the informant opposed the
Patna High Court Cr.Misc. No.58397 of 2017 (2) dt.14-12-2017
P2/
prayer for bail on the ground that the victim was a minor.
Since the victim has not alleged any offence committed by the petitioner, let the petitioner, 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 the learned Court-below where the case is pending in connection with Shikarpur Police Station Case No. 377 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
Mkr./-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a kidnapping case where the minor victim did not allege any offence by the petitioner.
CHHATHU RAM
THE STATE OF BIHAR
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
