Single judge granted bail to petitioner charged under IPC Section 366A, 376 and POCSO Act. Court relied on victim statement indicating voluntary presence and conduct before leaving with petitioner, allowing release on bond with sureties.
Petitioner released on bail bond of Rs.20000 with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12611 of 2021
Arising Out of PS. Case No.-212 Year-2020 Thana- ARWAL District- Jehanabad
======================================================
ANKIT KUMAR @ ANIKET KUMAR, Son of Late Lal Kishun Chaudhary Resident of Village - Muradpur Huzara Baidrabad, P.S.- + Distt.- Arwal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Umesh Kumar, Advocate. For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 01-07-2021
The petitioner is languishing in custody for the offence punishable under Section 366A of the Indian Penal Code. Later on Section 376 I.P.C. and Section 4 POCSO Act were added.
The statement of the victim girl recorded under Section 164 Cr.P.C. would reveal that she had voluntarily left her house and called the petitioner on mobile and thereafter voluntarily went with the petitioner.
Considering the statement of the victim, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Arwal P.S. Case
Patna High Court CR. MISC. No.12611 of 2021(2) dt.01-07-2021 2/2
No. 212 of 2020, with following conditions:
(a) Both the bailors shall be the resident of territorial
jurisdiction of the learned Court-below.
(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(c) The petitioner shall not leave the country without
permission of the trial Court.
(Birendra Kumar, J)
mantreshwar/
U T
1 issue framed by the court
Whether the petitioner, charged under Sections 366A IPC, 376 IPC and POCSO Act accused of participation in consensual acts as per victim statement, be released on bail.
Ankit Kumar @ Aniket Kumar
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
