In an oral order, the Patna High Court refused bail to a petitioner accused in a POCSO case involving kidnapping and alleged rape of a minor. The court noted the victim's direct allegation and denied the bail plea.
Bail of the petitioner is refused.
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.58010 of 2023
Arising Out of PS. Case No.-706 Year-2022 Thana- JOGAPATTI District- West Champaran
======================================================
Mukesh Ram Son of Roshan Ram Resident Of Village- Balua Murat Rai, P.SYogapatti, Distt- West Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr.Yogendra Kumar,APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
2 06-09-2023
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
13.01.2023 in connection with Yogapatti P.S. Case No. 706 of 2022, F.I.R. dated 24.12.2022 registered for the offence punishable under Sections 366(A)/34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.
Patna High Court CR. MISC. No.58010 of 2023(2) dt.06-09-2023 2/2
committed any offence as alleged in the FIR and the informant is not the eye witness of the alleged occurrence. Further submits that the medical report does not support the allegation as alleged in the FIR.
(Rajesh Kumar Verma, J)
Nitesh/- U T
2 issues framed by the court
Whether the petitioner is entitled to bail in connection with a POCSO case alleging kidnapping and rape.
Whether the evidence gathered so far justifies the expansion of the petitioner's custody on bail.
2 provisions across 2 enactments
Mukesh Ram
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
