This single-paragraph order grants bail to the petitioner in a POCSO/IPC case where the minor victim denied being kidnapped and stated she voluntarily married him and bore his child.
Petitioner enlarged on bail on furnishing bond of Rs.10,000 with two sureties of like amount to C.J.M., Sitamarhi, subject to Section 438(2) CrPC conditions.
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.70653 of 2019
Arising Out of PS. Case No.-6 Year-2017 Thana- BATHNAHA District- Sitamarhi
======================================================
PACHU PASWAN Son of Mahesh Paswan, Resident of Village - Haribela, P.S.- Bathnaha, Distt - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ashhar Mustafa For the Opposite Party/s : Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 18-12-2019 Heard both sides.
The petitioner apprehends his arrest in Bathnaha P.S. Case No.06 of 2017 registered under Sections 363A, 364 and 366A of the Indian Penal Code and under sections 3 and 4 of the POCSO Act.
The informant named the petitioner along with other accused persons and alleged that they all kidnapped his minor daughter.
Learned counsel for the petitioner submits that the victim appeared and made her statement under section 164 of the Cr.P.C. She disclosed that she voluntarily left her house and solemnized marriage with the petitioner. She got a female child. The victim denied the factum of her kidnapping.
Having considered the facts that the victim has
Patna High Court CR. MISC. No.70653 of 2019(3) dt.18-12-2019 2/2
already solemnized marriage with the petitioner and she got a female child and the victim denied the factum of her kidnapping, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 C.J.M., Sitamarhi in connection with Bathnaha P.S. Case No.06 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J)
Harish/-
U T
2 issues framed by the court
Whether petitioner should be enlarged on bail given that the victim denied kidnapping and voluntarily married the petitioner.
Whether bail bond conditions under Section 438(2) CrPC are applicable in this regard.
1 provisions across 1 enactments
Pachu Paswan
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
