Single judge order granting bail to petitioner in a POCSO case involving alleged rape and kidnapping. Court accepted petitioner's argument that victim is major and prosecution theory is weak.
Released on bail with bonds of Rs. 20,000/- and two sureties of 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.71047 of 2023
Arising Out of PS. Case No.-367 Year-2022 Thana- MAHNAR District- Vaishali
======================================================
Vishal Kumar @ Vishal Paswan Son Of Ranjit Paswan Resident Of Village - Karnauti, P.S. - Mahnar, District - Vaishali
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 07-11-2023
Heard learned counsel for the petitioner and learned
APP for the State.
Patna High Court CR. MISC. No.71047 of 2023(2) dt.07-11-2023 2/4
case. The whole occurrence took place during a period of more than four months and the prosecution story is not believable at all. The daughter of the informant is not minor and her medical examination shows that her age was assessed to be 18 to 20 years. She went on her own with the petitioner and both of them solemnized marriage at Samastipur and thereafter she was taken to Ambala where the petitioner and the daughter of the informant stayed for quite sometime. During this period of four months, no alarm was raised by the informant’s daughter. Learned counsel further submits that the petitioner and daughter of the informant were called by the informant and his family members to reconcile the matter, but the daughter of the informant was put under pressure and a false case was lodged against the petitioner and others. The police, after investigation, submitted final form against other co-accused persons finding no involvement of those persons in the alleged occurrence. The allegation of rape and the sexual assault is not believable and from the facts and circumstances, it is clear that no offence under Section 376 of IPC is made out against the petitioner. Moreover, the daughter of the informant refused to undergo medical examination, which falsifies the allegation of sexual assault. The petitioner has got no criminal history and he is in
Patna High Court CR. MISC. No.71047 of 2023(2) dt.07-11-2023 3/4
custody since 21.08.2023.
(ii) The petitioner will remain present on each and
Patna High Court CR. MISC. No.71047 of 2023(2) dt.07-11-2023 4/4
every date fixed by the court below.
(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail given allegations of rape and kidnapping of a minor.
Whether the prosecution story is believable considering the victim is not a minor and refused medical examination.
1 provisions across 1 enactments
Vishal Kumar @ Vishal Paswan
The State Of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
