The High Court at Patna granted bail to the petitioner in a POCSO case involving charges of abduction and kidnapping. The court accepted the petitioner's submission that the victim had eloped with him and was released on furnishing a bond.
Petitioner released on bail by furnishing bond of Rs. 10,000 with two sureties.
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.58776 of 2019
Arising Out of PS. Case No.-614 Year-2018 Thana- JOGAPATTI District- West Champaran
======================================================
ASLAM MIAN Son of Manager Mian Resident of Village - Bakuchiya, P.S.Jogapatti (Shanichari), District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Umesh Chandra Verma For the Opposite Party/s : Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
3 19-11-2019
Heard learned counsels for the petitioner and the
State.
Petitioner seeks bail in a case registered under sections 363, 366A, 379, 506/34 of the Indian Penal Code and section 8 of the POCSO.
Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. After investigation, police has submitted final form against this petitioner vide Annexure-2. On medical examination, the victim was found to be of 18-19 years of age and no sign of sexual assault was found, which is evident from Annexure-3. In her statement under section 164 Cr.P.C. (Annexure-4), the victim has categorically stated that she
Patna High Court CR. MISC. No.58776 of 2019(3) dt.19-11-2019 2/2
herself eloped with Aslam. Petitioner has no criminal antecedent. Petitioner is in custody since 10.03.2019.
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 1st Additional Sessions Judge-cum-Special Judge, POCSO Act, West Champaran at Bettiah in connection with Jogapatti (Shanichari) P.S. Case No. 614 of 2018.
(Arvind Srivastava, J)
mcv/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving section 363, 366A, 379, 506/34 of IPC and section 8 of POCSO.
Aslam Mian
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
