The Patna High Court granted anticipatory bail to the petitioner in a POCSO-related case involving abduction and abduction of a minor, directing release upon arrest within four weeks on personal bond.
Petitioner directed to be released on personal bond if arrested or surrendered within four weeks.
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.46941 of 2023
Arising Out of PS. Case No.-33 Year-2023 Thana- PUSA District- Samastipur
======================================================
RAJA KUMAR SON OF SRI LAKHAN DAS RESIDENT OF VILLAGEPATEPUR GOPINATH, PS- PUSA, DISTRICT -SAMASTIPUR
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Chandra Mohan Singh For the Opposite Party/s : Mr.Shyam Bihari Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
1. Heard learned counsel for the petitioner and
learned counsel for the State.
2. Petitioner apprehends arrest in connection with Pusa P.S. Case No. 33 of 2023 registered for the offences under Sections 363, 366 A & 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submit that the
petitioner is innocent and has falsely been implicated in the instant case. Further submission is that as contained in the impugned order, the victim's statement recorded under Section 164 of the Cr. P. C. reveals that she left her house on her own sweet will and she had solemnized marriage with the petitioner on 26.03.2023. Petitioner has no criminal antecedent.
4. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the
Patna High Court CR. MISC. No.46941 of 2023(2) dt.11-08-2023 2/2
petitioner, above named is directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of Additional Sessions Judge-VI-cum Special Court (POCSO), Samastipur in connection with Pusa P.S. Case No. 33 of 2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Arvind Srivastava, J)
anuradha/-
U T
1 issue framed by the court
Whether the petitioner should be released on anticipatory bail pending trial for offences under Sections 363, 366A and 34 of the Indian Penal Code.
2 provisions across 2 enactments
Raja Kumar
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
