This High Court order grants anticipatory bail to petitioners in a case involving child sexual offences under POCSO. Bail is granted based on the victim's statement of marriage to the petitioner.
Petitioners released on bail with bond of Rs. 20,000 each and two sureties under Section 438(2) CrPC, subject to victim's statement.
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.73170 of 2019
Arising Out of PS. Case No.-148 Year-2019 Thana- SONBERSA District- Sitamarhi
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Uday Kumar, Adv For the Opposite Party/s : Mr.Akshay Lal Pandit, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL ORDER
3 20-01-2020
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 363,366A of the Indian Penal Code and Section 8 of the POCSO Act.
The victim girl is physically present in Court and submits that she has already married with petitioner No.1 and both are living as husband and wife.
Considering the statement of the victim girl, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days
Patna High Court CR. MISC. No.73170 of 2019(3) dt.20-01-2020 2/2
from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (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 Sonbarsa P.S.Case No. 148 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.
(Birendra Kumar, J)
Nitesh/-
U T
2 issues framed by the court
Whether petitioners apprehending arrest in an NCPCR case should be granted bail.
Whether victim girl's statement of marriage supports granting bail.
1 provisions across 1 enactments
Nitesh Kumar @ Nitsh Kumar
Dhiraj Kumar
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
