The Patna High Court granted regular bail to the petitioner alleged of kidnapping a minor under IPC Section 366A and POCSO Act Section 4, directing him to bond with sureties.
Prayer for bail allowed; petitioner enlarged on bail by furnishing bond of Rs.10,000 with two sureties of like amount each.
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.45223 of 2021
Arising Out of PS. Case No.-217 Year-2020 Thana- TARIYANI CHOWK District- Sheohar
======================================================
ANIL MAHATO Son of Bigan Mahato R/o Village- Maulaganj, P.S.Tariyani, District- Sheohar.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amrendra Kumar For the Opposite Party/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 15-11-2021
Heard learned counsel for the petitioner and the State.
The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 366A and other ancillary sections of the Indian Penal Code and section 4 of the POCSO Act.
As per the prosecution case, petitioner and his family members are alleged to have kidnapped 15 years old daughter of the informant with intent to commit rape or murder or to perform marriage forcibly.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He submits that in section 164 Cr. P. C. statement of the victim, she has stated that she solemnized marriage with the petitioner at her own wishes and age of the girl has been stated
Patna High Court CR. MISC. No.45223 of 2021(2) dt.15-11-2021 2/2
to be 19 years. Petitioner is in custody since 6.2.2021.
Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, 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 Additional Sessions Judge I cum Special Judge POCSO, Sheohar in Tariyani Police Station Case No. 217 of 2020.
(Prabhat Kumar Singh, J)
Shashi
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case involving kidnapping with intent to commit rape under IPC Section 366A and POCSO Act.
2 provisions across 2 enactments
Anil Mahato
The State of Bihar Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
