The High Court granted bail to Vikash Kumar Yadav in a POCSO and QPC case. He was released on furnishing a personal bond to the Special Judge, POCSO, subject to conditions under Section 438(2) of the Cr.P.C.
Appellant released on bail by furnishing personal bond to the Special Judge, POCSO, Nawada, within four weeks.
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 CRIMINALAPPEAL (SJ) No.3803 of 2021
Arising Out of PS. Case No.-181 Year-2020 Thana- NARDIGANJ District- Nawada
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VIKASH KUMAR YADAV @ VIKASH KUMAR S/O Birendra Yadav Resident of Village - Gotraiyan (Bhelu Bigha), P.S. - Nardiganj, District - Nawada.
... ... Appellant/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sheo Kumar Prasad For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
5 03-02-2023 Heard learned counsel for the appellant and the learned A.P.P. for the State.
The appellant apprehends his arrest in connection with Nardiganj P.S. Case No. 181 of 2020 registered under Sections 366(A), 34 of the Indian Penal Code, 3(ii)(v) of the SC/ST Act and Sections 4, 12 of the POCSO Act.
Learned counsel appearing on behalf of the appellant submits that appellant is innocent and has falsely been implicated in the present case. The victim in her statement recorded under Section 164 Cr. P.C. specifically stated that she herself left the house and went to Delhi by bus. Further he submits that the appellant has no criminal antecedent.
Patna High Court CR. APP (SJ) No.3803 of 2021(5) dt.03-02-2023 2/2
Having considered the facts and circumstances of the case, let the above named appellant be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the A.D.J.-VI-cum-Spl. Judge, POCSO Act, Nawada in connection with Nardiganj P.S. Case No. 181 of 2020, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Arvind Srivastava, J)
shailendra/-
U T
2 issues framed by the court
Whether the appellant qualifies for bail in cases involving Sections 366(A), 34 IPC, SC/ST Act, and POCSO.
Whether the appellant's personal bond is sufficient for release despite the serious nature of charges.
4 provisions across 4 enactments
Vikash Kumar Yadav @ Vikash Kumar
The State of Bihar
Uday Chaudhary
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
