The Patna High Court granted bail to two petitioners in a POCSO and kidnapping case, subject to conditions including verification from the victim regarding voluntary marriage to a co-accused.
Petitioners released on bail of Rs. 20,000 each with sureties, conditional on verification of voluntary marriage by victim.
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.9030 of 2019
Arising Out of PS. Case No.-148 Year-2018 Thana- PANDAUL District- Madhubani
======================================================
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Gagan Deo Yadav For the Opposite Party/s : Mr.Chandra Bhushan Prasad For the Informant : Mr.Bimal Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL ORDER
5 03-06-2019
Heard learned counsel for the petitioners and learned APP for the State, assisted by learned counsel for the informant.
Petitioners seek bail in a case registered for the offences punishable under Sections 363, 366(A), 372, 504, 506/34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.
According to F.I.R., the petitioners allegedly kidnapped to the minor daughter of the informant.
Submission of the learned counsel for the petitioners is that the victim girl in her statement under Section 164 of the Code of Criminal Procedure has stated that she has
Patna High Court CR. MISC. No.9030 of 2019(5) dt.03-06-2019 2/2
already married with co-accused, Mukesh Yadav .
Learned counsel for the informant opposed the prayer for bail.
Considering the statement of the victim girl, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Pandaul Police Station Case No.148 of 2018, subject to condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below and the petitioners shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.
Before accepting the bail bonds, the court below shall verify from the statement of the victim recorded under Section 164 of the Code of Criminal Procedure that she has voluntarily married with co-accused, Mukesh Yadav .
(Birendra Kumar, J)
abhishek/-
U T
2 issues framed by the court
Whether the petitioners should be released on bail given the allegations involving kidnapping and offences under the POCSO Act.
Whether the victim's statement regarding voluntary marriage with a co-accused affects the bail consideration.
2 provisions across 2 enactments
BUDHAN YADAV
RAKESH YADAV
THE STATE OF BIHAR
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
