In a bail application under Sections 363, 366A, 504, 506/34 IPC and POCSO Act, the single judge ordered release on surety bond allowing four weeks to remove defects.
Released on bail bond of Rs. 10,000 with two sureties of the like amount, subject to conditions allowing four weeks to remove defects.
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.34563 of 2022
Arising Out of PS. Case No.-570 Year-2021 Thana- DHAKA District- East Champaran
======================================================
Harish Mian @ Md. Harish Son Of Late Bhola Mian R/O Village- Laxmipur Lokhan, P.S.- Ghorasahan, District- East Champaran
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Petitioner seeks bail in a case registered for the offences punishable under Sections 363, 366A, 504 and 506/34 of the Indian Penal Code and Sections 4 and 8 of the POCSO Act.
According to prosecution case, the daughter of the informant has been kidnapped by the accused persons including the petitioner and they took her to Nepal. It is further alleged that the family members of the accused persons abused the
Patna High Court CR. MISC. No.34563 of 2022(9) dt.27-03-2023 2/3
informant and threatened to kill his minor daughter.
Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner has no concern at all with the alleged occurrence. He further submits that the victim was in love with the co-accused, namely, Jahir Alam. He further submits that pursuant to the order of this Hon’ble Court, the victim was recovered and her statement was recorded under Section 164 of the Cr.P.C. in which she has categorically stated that the petitioner has no role in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 05.02.2022.
The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with POCSO Case No. 282 of 2021 arising out of Dhaka P.S. Case No. 570 of 2021 2020, subject to the following conditions:-
Patna High Court CR. MISC. No.34563 of 2022(9) dt.27-03-2023 3/3
(Rajesh Kumar Verma, J)
Vanisha/-
U T
1 issue framed by the court
Whether the petitioner is entitled to relief on bail under the Bail section of the Cr.P.C.?
Harish Mian @ Md. Harish
The State of Bihar
Lalan Rai
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
