The Patna High Court granted bail to the petitioner in a POCSO case alleging rape. The court noted the petitioner was already in custody, the FIR was lodged by the victim, and medical reports lacked signs of assault.
Petitioner directed to be released on bail on furnishing bond of Rs. 10,000 with two sureties of the 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.
Patna High Court Cr.Misc. No.14927 of 2018 (2) dt.15-03-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14927 of 2018
Arising Out of PS.Case No. -387 Year- 2017 Thana -BAKHTIARPUR District- SAHARSA
====================================================== Md. Nanhe @ Nanhe, Son of Late Qayyum Shah, Resident of VillageRanibagh, Police Station- Bakhtiyarpur, District- Saharsa.
.... .... Petitioner
The State of Bihar.
Versus .... .... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Mr. Sri Tapeshwar Sharma
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
It is submitted that the FIR was instituted by the victim herself and for almost a fortnight no case was instituted by any of the family members, she has given a entire different story in her statement recorded under Section 164 Cr.P.C., the medical Board has not found any sign of sexual assault and the petitioner is in custody since 7.11.2017.
Having considered the said facts and circumstances, the petitioner, namely, Md. Nanhe @ Nanhe is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of lst Additional Sessions Judge –cum- Special Judge Saharsa in connection with Bakhtiyarpur PS Case No. 387 of 2017 (Pocso 49 of 2017).
Snkumar/U T
(Arun Kumar, J.)
2 issues framed by the court
Whether the petitioner should be released on bail pending trial in a case involving POCSO and IPC charges.
Whether conflicting police investigation facts and medical report influence the grant of bail.
3 provisions across 3 enactments
Md. Nanhe @ Nanhe
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
