The High Court at Patna granted bail to the petitioner in a criminal case involving kidnapping and offences under POCSO. The court noted that the main allegation of rape was against co-accused and ordered bail subject to standard conditions.
Petitioner enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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.33336 of 2022
Arising Out of PS. Case No.-1 Year-2022 Thana- MADHEPUR District- Madhubani
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Md. Riyaj S/o Kalamuddin R/o village- Umri, P.S.- Lakhnaur, DistrictMadhubani
... ... Petitioner/s
Versus
... ... Opposite Party/s
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Appearance:
For the Petitioner/s : Mr. Md. Soban Asghar, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
4 10-04-2023
Let the defects, if any, pointed out by the office be removed within four 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 the learned APP for the State.
Petitioner seeks regular bail in connection with Madhepur P.S. Case No. 01 of 2022, dated 03.01.2022, POCSO Case No. 21 of 2022 registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code and Sections 8/12 of POCSO Act.
As per the prosecution, the informant’s minor daughter (victim) was kidnapped by this petitioner with the help of other accused persons over false pretext of marriage and malafide
Patna High Court CR. MISC. No.33336 of 2022(4) dt.10-04-2023 2/3
intention. Further it is alleged that all the accused persons have established physical relation with the victim.
The main submissions advanced by learned counsel for petitioner are that the FIR itself shows that the informant is not the eyewitness of the alleged occurrence and the alleged offence of rape is not made out against the petitioner and the same has been attributed against the co-accused Md. Shamser with whom the victim had love affair and as per the allegation the petitioner simply helped the said co-accused in removing the victim from her parent’s house, except this there is no any other allegation against the petitioner as per the medical opinion, the allegation of rape has been falsified and the medical board opined the victim’s age between 15-16 years and against the petitioner the investigation has been completed and he has been languishing in jail since 27.02.2022 and he is 24 years old having fair and clean antecedent.
Learned APP for the State has opposed the bail prayer. Considering the above submissions and mainly the facts that the main allegation of rape is against the co-accused and the petitioner has fair and clean antecedent and against him the investigation has been completed and as per the allegation his role was only to help the main co-accused in taking the victim, in my opinion, a lenient approach can be taken in respect of the
Patna High Court CR. MISC. No.33336 of 2022(4) dt.10-04-2023 3/3
petitioner’s prayer. 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 concerned Court in connection with Madhepur P.S. Case No. 01 of 2022, POCSO Case No. 21 of 2022 on 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 below and shall remain physically present as directed by the Court below 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 witnesses, in that case the prosecution will be at liberty to move for cancellation of his bail.
(3) One of the bailers shall be a close relative of the petitioner who has sworn affidavit in this miscellaneous petition.
(Shailendra Singh, J)
Shahnawaz/- U T
2 issues framed by the court
Whether the petitioner is entitled to bail while facing charges for kidnapping and offences under POCSO.
Whether bail conditions should be framed for the petitioner in connection with cases instituted in Madhubani.
Md. Riyaj
The State of Bihar
Saghira Khatoon
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
