In a bail application regarding offences u/s 363 and 366(A) IPC, the Patna High Court granted regular bail, relying on the victim's post-recovery statement denying allegations and the petitioner's initial custody status.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties.
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.16197 of 2023
Arising Out of PS. Case No.-292 Year-2021 Thana- VAISHALI District- Vaishali
======================================================
SUBODH OJHA @ SAROJ OJHA @ SUBODH KUMAR OJHA Son of Late Ram Narayan Ojha R/V- Mishraulia Azadpur P.S- Vaishali (Belsar O.P) DistVaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Manoj, Advocate For the Opposite Party/s : Mr. Surendra Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
2 22-03-2023
Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks regular bail in connection with Vaishali (Belsar O.P.) P.S. Case No. 292 of 2021, registered for the offences punishable under Sections 363 and 366(A) of the Indian Penal Code.
As per the prosecution, on 22.07.2021 petitioner came at the house of the informant and told her that her father was lying ill and after that the informant went with him along with
Patna High Court CR. MISC. No.16197 of 2023(2) dt.22-03-2023 2/3
her younger daughter to Mishrauliya Afzalpur but after reaching there the informant found that her father was alright and thereafter in the night at 9 p.m, her minor daughter went missing.
The main submissions advanced by petitioner’s counsel are that the petitioner earlier preferred Cr. Misc. No. 6229 of 2022 for the relief of regular bail and that prayer was rejected by this Court on 10.08.2022 and thereafter the petitioner has again come before this Court for the same relief mainly on this ground that the victim has been recovered and she has recorded her statement under Section 164 of Cr.P.C. in which she has denied the allegations of the FIR and when the petitioner’s earlier prayer was rejected by this Court the victim was not recovered at that time which was mainly considered by this Court while rejecting the petitioner’s earlier prayer. Further submission is that the petitioner has been charge-sheeted and he has been languishing in jail since 27.09.2021 and his case is at initial stage of trial.
Learned APP appearing for the State has opposed the prayer for bail.
In view of the fresh developments as stated above and also taking into account the petitioner’s custody period, the
Patna High Court CR. MISC. No.16197 of 2023(2) dt.22-03-2023 3/3
petitioner deserves to the privilege of bail. Accordingly, let the petitioner named-above be enlarged 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 concerned Court in connection with Vaishali (Belsar O.P.) P.S. Case No. 292 of 2021.
(Shailendra Singh, J.)
maynaz/-
U T
2 issues framed by the court
Whether the petitioner deserves to be enlarged on bail considering the victim's recovery and denial of allegations.
Whether the custody period and initial stage of the trial justify the grant of bail.
SUBODH OJHA @ SAROJ OJHA @ SUBODH KUMAR OJHA
The State of Bihar
SHAILENDRA SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
