The Patna High Court granted regular bail to the petitioner in a case under Section 366A IPC, accepting his argument that the victim did not support the allegations in her statement, subject to specified conditions.
Released on bail with two sureties of Rs. 10,000/- each upon furnishing bonds and verifying the victim's statement.
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.2919 of 2023
Arising Out of PS. Case No.-615 Year-2022 Thana- PIRO District- Bhojpur
======================================================
MITHILESH KUMAR SINGH Son of Binod Singh @ Kalika R/V- Saneya P.S- Piro, Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Braj Kishore Singh For the Opposite Party/s : Mr.Arvind Kumar Pandey(App84) ======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
3 27-04-2023
Heard learned counsel for the petitioner as well as learned APP for the State.
In this case, the petitioner is seeking regular bail in connection with Piro P.S. Case No. 615 of 2022, registered for the offences punishable under Section 366A of the Indian Penal Code.
At the very outset, the learned counsel for the petitioner, by producing the xerox copy of the statement of the victim under Section 164 of the Cr.P.C., has submitted that the victim did not support the allegation in her statement.
Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sonal Vishwas 1st Class Judicial Magistrate X Bhojpur at Ara in connection with Piro P.S. Case No.
Patna High Court CR. MISC. No.2919 of 2023(3) dt.27-04-2023 2/2
615 of 2022, subject to the following conditions:-
(i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.
The bail bond of the petitioner shall be accepted only after verification of the original copy of statement of the victim taken down under Section 164 of the Cr.P.C.
(Nawneet Kumar Pandey, J)
Kundan/Nirmal
U T
1 issue framed by the court
Whether to grant regular bail to the petitioner in Piro P.S. Case No. 615 of 2022 registered under Section 366A IPC.
Mithilesh Kumar Singh
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
