The Court granted regular bail to the petitioner in a case involving offences under Section 366(A) IPC, noting the absence of criminal history and discrepancies in the victim's statement regarding her age and version of events.
Released on bail by furnishing a bond 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.31946 of 2018
Arising Out of PS.Case No. -75 Year- 2018 Thana -LAXMIPUR District- JAMUI
====================================================== Munna Yadav, son of Santu Yadav, resident of village Kariba Pathar, P.S. Laxmipur, District Jamui.
.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar Sinha, Adv. For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
2 11-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner, in the present case, is seeking regular bail in connection with Laxamipur P.S. Case No.75 of 2018, registered for offences alleged under Section 366(A)/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner, in the present case, has falsely been implicated only on mere suspicion. From Annexure-3, which is a medical report, it would appear that the victim girl has been assessed to be 18 years old and further in her statement under Section 164 Cr.P.C. (Annexure-2) she has categorically stated that she had gone with her uncle to visit Lucknow. The victim girl has not supported the
Patna High Court Cr.Misc. No.31946 of 2018 (2) dt.11-06-2018
2
version of the informant in her statement.
Learned APP for the State is present.
Considering the Annexure-2 and Annexure-3 to the application as also the fact that this petitioner has got no criminal antecedent, I am inclined to grant regular bail to the petitioner. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Jamui in connection with Laxamipur P.S. Case No.75 of 2018, subject to the conditions U/S 437(3) Cr.P.C.
(Rajeev Ranjan Prasad, J)
Arvind/-
U T
1 issue framed by the court
Whether regular bail should be granted to the petitioner in light of his lack of criminal antecedents and medical evidence casting doubt on the victim's age and version.
2 provisions across 2 enactments
Munna Yadav
The State of Bihar
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
