The High Court at Patna granted bail to the petitioner in a case involving kidnapping for marriage and offences under POCSO. The court released him on a bond of Rs. 10,000 with two sureties.
Petitioner released on bail bond of Rs. 10,000 with two sureties of the like amount before the Special Court.
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.27500 of 2023
Arising Out of PS. Case No.-16 Year-2023 Thana- DHANSOI District- Buxar
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Indal Kumar Chaudhari son of Ramniwas Chaudhari, Resident of Villlage Parwatchak, P.S. Dhansoi, District- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Alok, Advocate For the Opposite Party/s : Mrs. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
5 13-09-2023
Heard learned counsel for the petitioner and learned
APP for the State.
Patna High Court CR. MISC. No.27500 of 2023(5) dt.13-09-2023 2/3
allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. and the statement of the victim was recorded under Section 164 of the Cr. P.C. in which she has not supported the case of the prosecution and she has categorically stated that the petitioner has not committed anything wrong with her and medical of the victim was not examined as yet and she has refused for her medical examination and as per the date of birth of the victim is concerned, the date of birth is 09.09.2003 but the I.O. has wrongly mentioned her date of birth is 09.09.2008. Learned counsel for the petitioner has annexed the photo copy of the Aadhar Card of the victim which suggests that her date of birth is 09.09.2003 and not 09.09.2008 and from perusal of the Aadhar card it appears that the victim was major at the time of occurrence. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 07.02.2023.
Patna High Court CR. MISC. No.27500 of 2023(5) dt.13-09-2023 3/3
learned Additional District & Sessions Judge-VIth-cum-Special Court (POCSO Act), Buxar, in connection with Dhansoi P.S. Case No. 16 of 2023, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in an FIR u/s 363, 366(A) IPC and Section 8 POCSO.
Whether the discrepancy in the victim's date of birth affects the trial.
1 provisions across 1 enactments
Indal Kumar Chaudhari
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
