The Nagaon/Patna High Court refused regular bail to the petitioner in a case involving kidnapping of a minor under the POCSO Act. The court relied on the victim's 164 Cr.P.C. statement and assessed age as 16 years to refuse bail in an oral order.
Prayer for regular bail refused.
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.1493 of 2020
Arising Out of PS. Case No.-62 Year-2019 Thana- MAHILA P.S. District- Sheikhpura
======================================================
SATISH KUMAR @ SATISH RAJ @ SANTOSH KUMAR @ SATISH KUMAR RAJ Son of Gumani Yadav Resident of Village - Mahadeo Nagar (Golden Chouk), P.S.- Sheikhpura, District - Sheikhpura
... ... Petitioner/s
| The State of Bihar ================ |
Versus ... Opposite Party ====================================== |
|---|---|
| Appearance : | |
| For the Petitioner |
: Mr.Bipin Kumar, Advocate |
| For the Opposite Party ================ |
: Mr.Sanjay Kumar Tiwary, APP ====================================== |
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 27-05-2020
This regular bail petition is taken up for consideration through Video Conferencing under the orders of Hon’ble the Chief Justice.
The petitioners seek regular bail in a case registered for an offence punishable under sections 363, 366A, 120B, 506/34 of the Indian Penal Code and under section 12 of the POCSO Act.
Informant alleges that the petitioner and his family members kidnapped her daughter who was studying in Class IX.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case as the petitioner has no criminal antecedent and he is in custody since 4.11.2019, though he is a I.Sc. passed student.
Patna High Court CR. MISC. No.1493 of 2020(3) dt.27-05-2020 2/2
Learned Addl.P.P. opposes the prayer for bail. He submits that the victim girl has clearly made allegation against the petitioner in her section 164 Cr.P.C. statement. Age of the victim has been assessed to be 16 years by the Court below, whereas the Medical Board has assessed her age to be 17 to 18 years.
Taking into consideration the nature of allegation levelled by the victim herself in her section 164 Cr.P.C. statement as well as her age, prayer for bail of the petitioner is refused.
Shashi
(Prabhat Kumar Singh, J)
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case involving kidnapping and offenders against POCSO.
2 provisions across 2 enactments
Satish Kumar @ Satish Raj @ Santosh Kumar @ Satish Kumar Raj
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
