The Patna High Court granted bail to the petitioner in a POCSO case. The court noted the victim's retraction of allegations, recording of age as 19, and a compromise between the parties, directing release on furnishing a bond and sureties.
Petitioner directed to be released on bail by furnishing a bail bond of Rs.10,000 with two sureties of the like 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.9085 of 2022
Arising Out of PS. Case No.-7 Year-2019 Thana- ALOULI District- Khagaria
======================================================
GUDDU KUMAR SON OF BIRENDRA THAKUR @ VIRENDRA THAKUR RESIDENT OF VILLAGE- BUDHWA, POLICE STATIONALLOULI, DISTRICT- KHAGARIA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mrityunjay Kumar For the Opposite Party/s : Mr.Suresh Pd. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
2 23-06-2022
Heard learned counsel for the petitioner and the
State.
Petitioner seeks regular bail in a case registered for the offence punishable under Section 366A/34 of the Indian Penal Code and sections 5/6 of the POCSO Act.
Allegedly, informant minor daughter aged about 15 years was kidnapped by this petitioner and co-accused persons and while committing occurrence accused persons forcibly seated the victim in Bolero vehicle.
The main submissions advanced by the learned counsel for the petitioner are that so called victim has returned and her statement has been recorded under section 164 Cr.P.C in which she has not supported the allegation made in the FIR and
Patna High Court CR. MISC. No.9085 of 2022(2) dt.23-06-2022 2/2
accepted her going according to her own free will to lead conjugal life with this petitioner and according to her statement she has solemnized marriage with this petitioner and a daughter is also born from the said wedlock. Further submission is that informant and this petitioner have compromised the case vide Annexure 3.
Learned APP opposes the prayer for bail.
Having considered the victim statement recorded under section 164 Cr.P.C which completely goes against the prosecution allegation and learned Magistrate assessed the victim age as 19 years, petitioner deserves privilege of bail
Accordingly, petitioner is directed to 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 the Additional Sessions Judge VI, Khagaria in POCSO case no. 32 of 2021 arising out of Allouli P.S Case No. 07 of 2019.
(Shailendra Singh, J)
s.hassan/-
U T
2 issues framed by the court
Whether the petitioner is entitled to interim bail in a POCSO case given the retracted testimony of the victim.
Whether the petitioner deserves bail where the victim has returned, solemnized marriage with the petitioner, and the case was compromised.
3 provisions across 3 enactments
Guddu Kumar Son of Birendra Thakur @ Virendra Thakur
The State of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
