Nandan Kumar v. The State of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 34, 363, 366(A), 504, 506
- Protection of Children from Sexual Offences Act, 2012 ss. 8, 12
- Code of Criminal Procedure, 1973 ss. 161, 164
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA Mr. Prabhakar Thakur,, Advocate Mr. Arun Kumar Pandey, APP ORAL ORDER 3 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Ladaniya PS Case No. 16 of 2022 instituted for the offences punishable under Sections 363, 366(A), 504 and 506/34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.
As per the prosecution case, it is a case of abduction of the minor grand-daughter of the informant with the intention to marry.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case due to dirty village politics. There is no sexual assault by the petitioner. The grand daughter of the informant in her affidavit specifically mentioned that they developed intimacy with the petitioner leading to love Patna High Court CR. MISC. No.75539 of 2023(3) dt.27-02-2024 affairs between them.
Learned APP opposes the prayer for bail.
From perusal of the FIR, case diary, statement of the victim recorded under Section 164 of the Cr.P.C and the impugned order of the learned Additional Sessions Judge-VI- cum-Special Judge (POCSO), Madhubani dated 04.09.2023, it appears that petitioner is named in the FIR along with five persons. From perusal of Annexures-2 and 3, it appears that petitioner and the victim has already married and also duly sworn affidavit that at the time of marriage she was a major. Perusal of the Statement recorded under Sections 161 and 164 of the Cr.P.C. that the victim has stated that there is no sexual assault against the petitioner. Petitioner is in custody since
25.07.2023, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named 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 the learned ADJ-VI-cum-Special Judge(POSCO), Madhubani in connection with Ladaniya PS Case No. 16 of 2022. (Ramesh Chand Malviya, J) Anand Kr. U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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