The Patna High Court granted bail to the petitioner in a special case under sections 363, 366A IPC and POCSO Act, subject to furnishing bail bonds and sureties to the Special Judge, POCSO.
Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount.
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.28571 of 2019
Arising Out of PS. Case No.-84 Year-2017 Thana- BYPASS District- Patna
======================================================
KARAN @ KARAN KUMAR Son of Sri Dharmdeo Prasad Resident of Mehatarma, P.S. - Tharthari, District - Nalanda. At present Residing at Neyamat Colony, in Front of Harnaut Railway Station, P.S.- Harnaut, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Digvijay Narayan Singh For the Opposite Party/s : Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
4 09-07-2019
As prayed for, learned counsel for the petitioner is permitted to make necessary correction in the date of the custody of the petitioner.
Heard learned counsels for the petitioner and the
State.
Petitioner seeks bail in connection with Special Case No. 108A of 20176 (Bai Paas P.S. Case No. 84 of 2017) registered for the offence punishable under sections 363, 366A of the Indian Penal Code to which sections 323, 354, 376/34 I.P.C. and sections 4, 6 and 12 of the POCSO Act were added later on.
Learned counsel appearing for the petitioner submits that petitioner is not named in the first information report and he
Patna High Court CR. MISC. No.28571 of 2019(4) dt.09-07-2019 2/2
has been falsely implicated in this case due to previous enmity. In the medical examination the age of the victim girl has been assessed as 17-19 years. Moreover, in medical examination the doctor did not find any sign of rape. Petitioner is languishing in custody since 16.07.2017.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, 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 Special Judge, POCSO at Patna in connection with Special Case No. 108A of 20176 (Bai Paas P.S. Case No. 84 of 2017).
(Arvind Srivastava, J)
mcv/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a POCSO case despite allegations of false implication.
4 provisions across 2 enactments
Karan @ Karan Kumar
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
