Allowed

Chandan Kumar v. The State of Bihar

Patna HC12 Dec 2022CR. MISC./4404/2022

Case brief

AI extract

What is this about?

In a bail application under Section 366A IPC for alleged kidnapping of a minor girl, the Patna High Court allowed bail, noting the petitioner was not named in the FIR, investigation is complete, and no sexual assault was alleged against him.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs.10,000 with two sureties subject to conditions under Section 437(3) CrPC.

Chandan Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4404 of 2022

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Arising Out of PS. Case No.-339 Year-2021 Thana- BHAGWAN BAZAR District- Saran

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======================================================

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Chandan Kumar Son of Bindeshwari Singh @ Bindeshwar Singh Resident Of Village- Kariyahi, P.S.- Tajpur, District- Samastipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the State : Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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5 12-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

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Let the defect(s), if any, be removed within a period of four weeks from today.

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The petitioner seeks bail in connection with Bhagwan Bazar P.S. Case No. 339 of 2021 registered for the offence under Section 366(A) of the Indian Penal Code.

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The accused/petitioner is not named in the F.I.R. and is in custody since 06.08.2021.

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Patna High Court CR. MISC. No.4404 of 2022(5) dt.12-12-2022 2/3

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The allegation against the petitioner is to kidnap the daughter of the informant, who is mother of three children, while she was on way of her matrimonial home/sasural.

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Learned counsel appearing on behalf of the petitioner submitted that as petitioner was in friendly terms with the victim, they visited Ludhiana together and, as such, this is not a case of kidnapping. It is also pointed out that no allegation of sexual assault was raised against this petitioner by victim, while recording her statement u/s 164 of the Cr.P.C. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

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Learned APP appearing on behalf of the State opposes the prayer of bail.

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In view of the facts and circumstances, as mentioned above, as allegation of sexual assault is not available against this petitioner, where he is in custody since 06.08.2021 coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Bhagwan Bazar P.S. Case No. 339 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

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Patna High Court CR. MISC. No.4404 of 2022(5) dt.12-12-2022 3/3

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sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Saran at Chapra/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

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(Chandra Shekhar Jha, J)

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Ankit/-

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U T

Chandan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chandan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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