The High Court at Patna granted bail to the petitioner, who was in custody, in offences under the Indian Penal Code and the POCSO Act. Bail was conditioned upon furnishing a bond with sureties.
Released on bail by furnishing a 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33635 of 2018
Arising Out of PS. Case No.-140 Year-2017 Thana- BIHIYA District- Bhojpur
======================================================
Sardar Prasad S/o Kamlesh Prasad, R/o Vill.- Bara Kharawani, P.S.- Bihiya, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sharwan Kumar For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
ORAL ORDER
3 18-06-2018
Heard learned counsel for the petitioner and the
learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Bihiya PS Case No.140 of 2017 registered under Sections 143, 341, 323, 354, 504 and 506 of the Indian Penal Code as well as under Section 11(1) of the POCSO Act.
Learned counsel for the petitioner submits that the accusation under Section 11 of the POCSO Act is against Jiut @ Naga, brother of the petitioner, and he had made comment as per the allegation, thereafter all the family members have been implicated in this case falsely, however, there is no injury to Rajeshwari Devi and Nitu Devi to whom the petitioner along with others are said to have assaulted and this petitioner has no criminal antecedent, moreover both are neighbours and there is
Patna High Court Cr.Misc. No.33635 of 2018(3) dt.18-06-2018 2/2
dispute between both sides so falsely implicated in this case.
Having considered the aforesaid facts and circumstances, petitioner Sardar Prasad is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Bhojpur, Ara in connection with Bihiya PS Case No.140 of 2017.
(Arun Kumar, J)
S.KUMAR/-
U T
3 issues framed by the court
Whether the petitioner is entitled to bail in the said criminal cases.
Whether the accusation under Section 11 of the POCSO Act against the petitioner or his brother is credible.
Whether the petitioner has any criminal antecedents to refuse bail.
2 provisions across 2 enactments
Sardar Prasad S/o Kamlesh Prasad
The State of Bihar
ARUN KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
