Partly allowed

Abhishek Kumar and Anr. v. The State Of Bihar

Patna HC8 Mar 2017CR. MISC./6890/2017

Case brief

AI extract

What is this about?

The High Court at Patna granted bail to two petitioners arrested in a POCSO case involving allurement and rape. The order required them to furnish bail bonds of Rs. 10,000 with sureties to the First Additional Sessions Judge.

What did the court decide?

Bail granted by furnishing bail bonds of Rs. 10,000 each with two sureties of the like amount to the satisfaction of the First Additional Sessions Judge, Patna.

Abhishek Kumar and Anr. Vs The State Of Bihar — Child Sexual Offences (POCSO) | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6890 of 2017

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Arising Out of PS.Case No. -248 Year- 2016 Thana -SULTANGANG District- PATNA

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====================================================== 1. Abhishek Kumar Son of late Purushotam Sharma Resident of VillageBihta, Near Chamartoli, P.S.- Bihta, District- Patna.

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1. Anup Kumar Son of Ashok Kumar Sharma Resident of VillageJinpura, P.S.- Bihta, District- Patna. .... .... Petitioners

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Versus

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The State of Bihar

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.... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 08-03-2017 Heard learned counsel for the petitioners and learned counsel for the State.

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The petitioners seek bail in a case instituted under Sections 363, 366A, 110, 120B, 376 of the Indian Penal Code and Section 4/6 of POCSO Act.

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The allegation against the petitioners is of alluring the victim at Railway station and took her in different place and in course of which, one of the co-accused namely Amrendra raped her.

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It has been submitted on behalf of the petitioners that the petitioners are in custody since 12.12.2016. The petitioners have got no criminal antecedent. There is no allegation of

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Patna High Court Cr.Misc. No.6890 of 2017 (2) dt.08-03-2017

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2/2

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tampering of witnesses alleged against the petitioners. The victim has been examined under Section 164 of the Cr.P.C. No allegation of physical or sexual abuse has been made against the petitioners.

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The main allegation is against co-accused namely Amrendra.

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On behalf of the state, it has been submitted that the petitioners are named in the F.I.R.

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Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1^st Additional Sessions Judge, Patna in connection with Sultanganj P.S. Case No. 248 of 2016, arising out of POCSO Case No. 05 of 2017.

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(Sudhir Singh, J)

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Amit/-

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U T

Abhishek Kumar and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Abhishek Kumar and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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