The High Court allowed the petitioner's bail application, noting that the victim did not name him in her 164 Cr.P.C. statement and similar co-accused had already been released on bail.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of similar amount.
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.50924 of 2021
Arising Out of PS. Case No.-124 Year-2020 Thana- ROHTAS District- Rohtas
======================================================
Akash Kumar Son of Bijendra Paswan @ Bijendra Ram Resident of Village - Samahuta, P.S.- Rohtas, District - Rohtas (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Birendra Kumar Singh For the Opposite Party/s : Mr.Pranav Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
The petitioner seeks bail in a case registered for the offence under Sections 365, 366(A), 370(4), 376(DA), 120B of the Indian Penal Code, Sections 4(2) / 6 of the POCSO Act, Section 3(2)(V) of ST & ST Act and Sections 9, 10, 11 of the Prevention of Child Marriage Act.
It is submitted on behalf of petitioner that though, petitioner is named in the F.I.R., but the victim girl, in her statement recorded under Section 164 Cr.P.C., has not named this petitioner. It is further submitted that some of the similarly situated co-accused persons have already been granted bail by this Court and petitioner is in custody since 24.07.2021.
Learned A.P.P. for the State has opposed the bail
petition.
Patna High Court CR. MISC. No.50924 of 2021(3) dt.21-03-2022 2/2
Considering the aforesaid facts and circumstances as well as statement of the victim girl recorded under Section 164 Cr.P.C., the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VII cum Special Judge, POCSO / ST & ST Act, Rohtas at Sasaram in connection with POCSO Case No. 47 of 2020, arising out of Rohtas P.S. Case No. 124 of 2020.
(Prabhat Kumar Singh, J)
anay/-
U T
1 issue framed by the court
Whether the bail petition of the petitioner, who is not named in the victim's statement and whose co-accused have been released, should be allowed.
1 provisions across 1 enactments
Akash Kumar
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
