Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANDEEP KUMAR
Holding
Bail may be granted only if the lower court verifies that the main accused has married the victim; if the claim is false, bail must be denied.
Summary
The Patna High Court heard applications for regular bail and anticipatory bail filed by several accused in a kidnapping case (PS Case No. 368 of 2023) involving offences under the IPC and the POCSO Act. The prosecution alleged that the petitioners participated in the kidnapping of a minor girl along with the main accused, Akhilesh Rai. The petitioners argued that Akhilesh Rai has since married the victim and has a child, contending that this fact should justify bail. The State opposed the bail applications. The Court disposed of both applications, directing the lower court to first verify the claim of marriage; bail may be granted only if the claim is true, otherwise it must be denied.
Issues considered
- Whether regular bail should be granted to the petitioner in the kidnapping and related offences.
- Whether anticipatory bail should be granted to the petitioners in the same case.
- Whether the alleged marriage of the main accused to the victim affects the grant of bail.
Legislation cited
- Indian Penal Code — s. 307, 323, 324, 325, 34, 341, 363, 366A, 379, 504, 506
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- regular bail
- anticipatory bail
- kidnapping
- POCSO Act
- IPC offences
- marriage of accused
- verification
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16631 of 2024
Arising Out of PS. Case No.-368 Year-2023 Thana- KOTWA District- East Champaran
======================================================
Chandan Kumar Son Of Ramesh Rai Resident Of Village- Dulhan Ke
Hardiya, Ps- Turkauliya, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 16769 of 2024
Arising Out of PS. Case No.-368 Year-2023 Thana- KOTWA District- East Champaran
======================================================
1. Suresh Rai Son Of Battakh Rai Resident Of Village- Sobaiya, Ps- Kotwa,
Distt- East Champaran
2. Sona Devi Wife Of Ramesh Prasad Yadav Resident Of Village- Dulhan Ke
Hardiya, Ps- Turkauliya, Distt- East Champaran
3. Birendra Rai Son Of Late Baidnath Rai Resident Of Village- Koeergawa
(Maharani Bopat), Ps- Kotwa, Distt- East Champaran
4. Ashok Rai @ Ashok Kumar Son Of Bhikhari Rai Resident Of Village-
Koeergawa (Maharani Bopat), Ps- Kotwa, Distt- East Champaran
5. Indu Devi Wife Of Pahari Rai Resident Of Village- Koeergawa (Maharani
Bopat), Ps- Kotwa, Distt- East Champaran
6. Bagari Devi Wife Of Birendra Rai Resident Of Village- Koeergawa
(Maharani Bopat), Ps- Kotwa, Distt- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 16631 of 2024)
For the Petitioner/s : Mr. Rakesh Kumar
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
Mr. Abhishek Kumar
Mr. Hemant Ray
(In CRIMINAL MISCELLANEOUS No. 16769 of 2024)
For the Petitioner/s : Mr. Rakesh Kumar
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
Patna High Court CR. MISC. No.16631 of 2024(8) dt.20-11-2024
2/4
8 20-11-2024 Ref:- Cr. Misc. No. 16631 of 2023
Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Kotwa P.S. Case No. 368 of 2023 registered for the offence
under Sections 363, 366(A), 341, 323, 324, 307, 504, 506, 379,
325/34 of the Indian Penal Code and Section 8, 12 of the
POCSO Act.
3. As per the prosecution case, the petitioner is alleged
to have participated in the kidnapping of the victim girl along
with the main accused Akhilesh Ray.
4. Learned counsel for the petitioner submits that co-
accused Akhilesh Rai is now married to the victim girl and has a
child also. The petitioner is in custody since 15.12.2023.
5. Learned A.P.P. for the State and the learned counsel
for the informant have vehemently opposed the prayer of the
petitioner for bail.
6. This application is disposed of with a direction to
the Court below to verify the submission of the learned counsel
for the petitioner as to whether the main accused Akhilesh Rai
has got married to the victim or not. If the Court below finds
that Akhilesh Rai has got married to the victim then the
Patna High Court CR. MISC. No.16631 of 2024(8) dt.20-11-2024
3/4
petitioner shall be released on regular bail. If the statement of
the learned counsel for the petitioner is found to be false, the
court below shall not release the petitioner on regular bail.
Ref:- Cr. Misc. No. 16769 of 2024
Heard the learned counsel for the petitioners and
learned APP for the State.
2. This is an application for grant of anticipatory bail
on behalf of the petitioners in connection with Kotwa P.S. Case
No. 368 of 2023 registered for the offences under Sections 363,
366(A), 341, 323, 324, 307, 504, 506, 379, 325/34 of the Indian
Penal Code and Section 8, 12 of the POCSO Act.
3. As per the prosecution case, the petitioners are
alleged to have participated in the kidnapping of the victim girl
along with the main accused Akhilesh Ray.
4. Learned counsel for the petitioners submits that co-
accused Akhilesh Rai is now married to the victim girl and has a
child also.
5. Learned A.P.P. for the State and the learned counsel
for the informant have vehemently opposed the prayer of the
petitioner for bail.
6. This application is disposed of with a direction to
the Court below to verify the submission of the learned counsel
Patna High Court CR. MISC. No.16631 of 2024(8) dt.20-11-2024
4/4
for the petitioners as to whether the main accused Akhilesh Rai
has got married to the victim or not. If the Court below finds
that Akhilesh Rai has got married to the victim then the
petitioners shall be released on anticipatory bail. If the statement
of the learned counsel for the petitioners is found to be false, the
court below shall not release the petitioners on anticipatory bail.
(Sandeep Kumar, J)
Shishir/-
U
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