The Patna High Court heard a bail application under Sections 363 and 366A IPC regarding a minor. Rejecting the application, the Court relied on the gravity of the charge, the nature of the accusation, and the victim’s statement recorded under Section 164 CrPC to deny bail.
Regular bail prayer rejected; petitioner ordered to remain in custody.
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.56186 of 2021
Arising Out of PS. Case No.-365 Year-2018 Thana- GHORASAHAN District- East Champaran
======================================================
JAVED MIAN @ JAVED ALAM S/O FARID MIAN R/o village- Sathaura, P.S.- Jitna (Ghorasahan), District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 07-12-2021
Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for
the offence punishable under Section 363, 366A of the Indian Penal Code.
As per the prosecution case, this petitioner along with two other accused persons kidnapped the minor daughter of informant with intention to marry her.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that there is two days delay in lodging the FIR as the occurrence has taken place on 11.09.2018 but the FIR has been lodged on 13.09.2018. Petitioner claims clean antecedent and is in custody since 31.07.2021 and investigation
Patna High Court CR. MISC. No.56186 of 2021(2) dt.07-12-2021 2/2
in this case is complete.
Learned counsel appearing for the State opposes the prayer for bail and submits that victim in her statement recorded u/s 164 of the Cr. P. C. supported the prosecution case and stated that this petitioner committed sexual assault with her. The doctor assessed the age of victim as 16 years.
Considering the nature of accusation, gravity of the offence and the statement of victim recorded u/s 164 of the Cr. P. C., I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J)
BKS/-
U T
3 issues framed by the court
Whether to grant regular bail to the petitioner charged with kidnapping for marriage and sexual assault against a minor.
Whether the victim's statement recorded under Section 164 CrPC and the nature of the offence warrant denial of bail.
Whether the clean antecedents of the petitioner justify granting bail in a serious offence involving a minor.
Javed Mian @ Javed Alam
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
