The Patna High Court granted bail to the petitioner, a woman accused in a kidnapping and rape case involving a minor under POCSO, directing her to furnish a bond of Rs. 20,000 with two sureties.
Release on bail by furnishing a bond of Rs. 20,000 with two sureties to investigate further.
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.12944 of 2018
Arising Out of PS.Case No. -63 Year- 2016 Thana -BASNAHI District- SAHARSA
====================================================== 1. Babita Devi, W/o Suresh Mukhia, Resident of Village- Bargaon, P.S.Basnahi, District- Saharsa.
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhaskar Shankar, Adv For the Opposite Party/s : Mr. Sri Chaubey Jawahar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 17-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code.
The FIR was lodged with allegation that daughter of the informant was kidnapped for the purpose of marriage and suspicion was that the victim has been married with someone. On recovery, the statement of the victim was recorded under Section 164 Cr.P.C. However, the case diary would reveal that before police, she stated that she would not give any statement to the police rather would give statement to the court. It has further come in the case diary that she consulted her father, the informant of this case before statement under Section 164 Cr.P.C. According
Patna High Court Cr.Misc. No.12944 of 2018 (3) dt.17-04-2018
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to statement under Section 164 Cr.P.C., the petitioner had induced her to go from her house and thereafter three persons named in the FIR kidnapped her and took her to Jalandhar. Allegation is that co-accused Pramod Mukhiya had committed rape against the victim and wife of Pramod Mukhiya had helped.
Submission of the learned counsel for the petitioner is that the entire allegation is concocted and false one due to political differences. The petitioner is a female. She is in custody since 20.01.2018. She has got no criminal antecedent.
Considering the aforesaid facts, 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 learned Court below where the case is pending in connection with POCSO Case No.39 of 2017 arising out of Basnahi P.S.Case No.63 of 2016, subject to the condition that the petitioner 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 petitioner.
(Birendra Kumar, J)
Nitesh/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case alleging kidnapping for marriage and rape under POCSO and IPC.
2 provisions across 2 enactments
Babita Devi
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
