The Patna High Court granted bail to the petitioner in a POCSO case involving alleged elopement for marriage, noting the victim resides with him and a child, while considering custody duration and lack of forceful act allegations.
Petitioner released on bail on furnishing bonds of Rs. 10,000/- with two sureties of like amount.
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.40474 of 2024
Arising Out of PS. Case No.-65 Year-2022 Thana- ISHUPUR BARAHAT District- Bhagalpur
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Manikant Goshwami Son of Kailash Goshwami @ Kailash Goswami R/O Vill.- Nayatola, Badluganj (Gangarampur), P.S.- Ishipur, Barahat, Dist.Bhagalpur
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar No.6, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP For the Informant : Mr. Rakesh Soni, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
4 18-11-2024
Heard learned counsel for the petitioner and learned APP
for the State as also learned counsel for the Informant. Perused the case diary.
2. The petitioner seeks bail in connection with POCSO Case No. 117/2022 arising out of Ishipur Barahat P.S. Case No. 65 of 2022 instituted for the offence under Sections 366(A), 120(B), 504 & 506 of the Indian Penal Code and Section 4 of the POCSO Act.
3. Prosecution case in a nutshell is that petitioner has eloped the daughter of the informant for the purpose of marriage.
Patna High Court CR. MISC. No.40474 of 2024(4) dt.18-11-2024 2/3
4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22-02-2024. Petitioner is a man of clean antecedent.
5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. It is submitted that daughter of the informant is currently residing in the house of the petitioner and she has one child. Even in the statement of the victim recorded under Section 164 of the Cr.P.C. she has stated that she had fled with the petitioner at her own volition and petitioner has not committed any forceful act with her. There is delay of ten days in lodging of the FIR. It is next submitted that medical report also does not suggest any recent sign of sexual assault.
6. Learned A.P.P. for the State and learned counsel for the Informant have vehemently opposed the prayer for grant of bail to the petitioner. It is submitted by referring to paragraph No. 35 of the case diary that victim is minor.
7. Considering the aforesaid facts and circumstances of the case, taking into account the fact that daughter of the informant is living in the petitioner’s house having a child and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.40474 of 2024(4) dt.18-11-2024 3/3
8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with POCSO Case No. 117/2022 arising out of Ishipur Barahat P.S. Case No. 65 of 2022.
(Rudra Prakash Mishra, J)
Raj Kishore/- U T
2 issues framed by the court
Whether bail should be granted to the petitioner in the POCSO case involving elopement for marriage.
Whether the victim's residence with the petitioner and medical report impact the bail decision.
Manikant Goshwami
The State Of Bihar
Parwati Devi
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
