The Patna High Court rejected the petitioner's application for regular bail in a case involving kidnapping and rape of a minor under the IPC and POCSO Act, citing the victim's voice recording statement as a reason against granting bail.
The prayer for grant of regular bail to the petitioner is rejected.
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.21743 of 2023
Arising Out of PS. Case No.-136 Year-2022 Thana- BHAGWANPUR District- Vaishali
======================================================
DILIP KUMAR Son of Shyam Sah R/v- Bakhara Khurd, P.S.- Bhagwanpur, District- Vaishali
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rudrank Shivam Singh, Advocate For the Opposite Party/s : Mr.Ashok Kumar Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
3 02-08-2023 Heard learned counsel for the petitioner and learned APP for the State and learned counsel for the informant.
This application for grant of regular bail arise out of Bhagwanpur P.S. Case No. 136 of 2022 registered for the offence punishable under Sections 366A, 376, 328, 363 of the Indian Penal Code and Section 6 of the POCSO Act.
As per prosecution case, petitioner had kidnapped minor victim girl.
The victim girl in her statement recorded under Section 164 Cr. P.C has said that the petitioner had kidnapped her. As per the statement of victim girl it appears that petitioner
Patna High Court CR. MISC. No.21743 of 2023(3) dt.02-08-2023 2/2
committed rape upon her.
In view of the aforesaid fact, this Court is not inclined
to grant bail to the petitioner.
Accordingly, the prayer of bail of the petitioner is
rejected herewith.
(Sandeep Kumar, J)
Harsh/
U T
2 issues framed by the court
Whether bail should be granted to the petitioner charged with kidnapping and rape of a minor.
Whether the evidence of the victim girl precludes the court from granting bail.
2 provisions across 1 enactments
Dilip Kumar
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
