The Patna High Court granted anticipatory bail to Nageshwar Sahni in a POCSO case. The judge noted the victims had left the house voluntarily and the girl's age was 17.5 to 18.5 years, leading to the inclination to allow bail.
Petitioner allowed anticipatory bail, subject to conditions under Section 438(2) CrPC.
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.19626 of 2021
Arising Out of PS. Case No.-142 Year-2020 Thana- PALANWA District- East Champaran
====================================================== Nageshwar Sahni, aged about 18 years, Male Son of Teti Sahni, Resident of village - Luxmanawa, P.S. - Palanwa, District - East Champaran.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Kumar, Advocate For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP For the Informant : Mr. Kundan Rathore @ Kundan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
4 09-02-2022
Heard the parties through video conferencing.
The petitioner seeks bail in anticipation of his arrest in connection with Palanawa P.S. Case No. 142 of 2020 instituted for the offences punishable under Sections 363, 366(A), 120(B)/34 of the Indian Penal Code and Section 8 of the POCSO Act.
Taking into consideration that once the prosecutrix and the petitioner ousted and have willingly left their house and the medical report which shows that the age of the girl is between 17 ½ and 18 ½ years, I am inclined to allow the petitioner on bail, in the event of arrest he shall be released on
Patna High Court CR. MISC. No.19626 of 2021(4) dt.09-02-2022 2/2
anticipatory bail, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sanjeev Prakash Sharma, J)
Anand Kr.
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner accused of offending under Sections 363, 366(A), 120(B)/34 IPC and Section 8 POCSO.
3 provisions across 3 enactments
Nageshwar Sahni
The State of Bihar
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
