Single judge oral order granting regular bail to an applicant charged under POCSO and IPC. The court permitted corrections to the petition and directed the applicant to furnish a bail bond with two sureties.
Enlargement on bail upon furnishing a bond of Rs. 20,000 with two sureties of the like amount.
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.2996 of 2023
Arising Out of PS. Case No.-130 Year-2022 Thana- ISHAKCHAK District- Bhagalpur
======================================================
ROHIT RAJ @ RAHUL KUMAR S/o Chakradhar Singh R/v- Adalpur, P.S.Amdamda, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s : Mrs. Sharda Kumari, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 27-04-2023
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned A.P.P for the State.
Learned counsel for the petitioner is permitted to make necessary correction in para 1 and the prayer portion of the bail petition during the course of the day.
The petitioner has preferred this application for grant of regular bail in connection with Ishachak P.S. Case No. 130 of 2022 dated 13.07.2022 registered for the offences punishable under sections 366A read with section 34 of the Indian Penal Code and 8 POCSO Act.
Patna High Court CR. MISC. No.2996 of 2023(2) dt.27-04-2023 2/3
As per the prosecution case, the petitioner and the coaccused persons are alleged to have kidnapped the minor daughter of the informant.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that the Medical Board assessed the age of the victim as above 18 years. There was love affair between the petitioner and the victim girl and the victim solemnized marriage with the petitioner as per Hindu rites and custom. Learned counsel has further submitted that earlier the brother of the victim also lodged a case bearing Kotwali (Jogsar) P.S. Case No. 450 of 2022 for the same occurrence. The petitioner is also accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 23.10.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court
Patna High Court CR. MISC. No.2996 of 2023(2) dt.27-04-2023 3/3
concerned, Bhagalpur in connection with Ishachak P.S. Case
No. 130 of 2022.
The application stands allowed.
(Chandra Prakash Singh, J)
guddukr/-
U T
2 issues framed by the court
Whether the applicant should be granted regular bail in offences under Sections 366A, 34 IPC and 8 POCSO.
Whether the applicant's argument regarding the victim's age and love affair impacts the bail decision.
Rohit Raj @ Rahul Kumar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
