This oral order grants anticipatory bail to the petitioner in a POCSO/rape case. The court directed surrender within four weeks and mandated a bail bond of Rs. 10,000 with two sureties.
Petitioner is enlarged on bail upon surrendering within four weeks by furnishing a bond of Rs. 10,000 and two sureties of Rs. 10,000 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.20568 of 2021
Arising Out of PS. Case No.-24 Year-2020 Thana- MAHILA THANA District- Begusarai
======================================================
MALA DEVI W/O BRAHMDEO THAKUR RESIDENT OF VILLAGE - TERHI WARD NO 09 KAURIHAR PS - GAMHARIA , DISTRICT - MADHEPURA
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Shubhesh Pandey For the Opposite Party/s : Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
4 28-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.
Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mahila P.S. Case no. 24 of 2020 instituted for the offence under Sections 366A, 376 and 34 of the Indian Penal Code and Section 4 of the POCSO Act.
As per allegation in the FIR, son of the petitioner
Patna High Court CR. MISC. No.20568 of 2021(4) dt.28-01-2022 2/3
namely, Din Bandhu Kumar, had forcibly taken away the minor daughter of the informant, aged about 15 years with a view to marry her.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is mother of the main accused, namely, Dinbandhu Kumar, who has kidnapped and raped her daughter. There is no specific allegation of overt act against the petitioner. Her statement got recorded under Section 164 Cr.P.C. wherein she has not taken the name of the petitioner. She has got no criminal antecedent.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mahila P.S. Case no. 24 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO Act, Begusarai
Patna High Court CR. MISC. No.20568 of 2021(4) dt.28-01-2022 3/3
subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J)
sushma/-
U
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in view of the apprehension of arrest.
Whether the conditions for enlargement on bail offered to the petitioner are sufficient.
1 provisions across 1 enactments
Mala Devi
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
