Disposed

Sonu Kumar @ Sonu Mandal v. The State of Bihar

Patna HC16 Dec 2022CR. MISC./55180/2022

Case brief

AI extract

What is this about?

The Patna High Court disposed of a regular bail application. The court criticized the lower court for failing to follow the Juvenile Justice Act and POCSO after finding the 17-year-old victim was a minor and issued directives to record specific statements before considering bail based on alleged consensual marriage and settlement.

What did the court decide?

Petitioner's bail application disposed; lower court directed to verify victim's age and record statements before deciding bail.

Sonu Kumar @ Sonu Mandal 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.55180 of 2022

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Arising Out of PS. Case No.-61 Year-2022 Thana- GOGRI District- Khagaria

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

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SONU KUMAR @ SONU MANDAL, Son of Subodh Mandal R/V- Gogri (Kurmi Tola), P.S- Gogri, Dist- Khagaria

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Ms. Veena Kumari Jaiswal, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 16-12-2022

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Heard learned counsel appearing on behalf of the

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petitioner and learned A.P.P. for the State, through video conferencing.

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The petitioner seeks regular bail in connection with Gogri P.S. Case No. 61 of 2022, for the offence punishable under Sections 366(A)/34 of the Indian Penal Code.

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The allegation against the petitioner is that he along with other accused persons named in the F.I.R. kidnapped the minor daughter of the informant with intention to marry her.

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Learned counsel appearing on behalf of the petitioner submits that the statement of victim was recorded under Section 164 Criminal Procedure Code in which she has stated that she married with the petitioner in a temple according to her sweet will. The petitioner is in custody since 16.06.2022.

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Learned A.P.P. for the State has opposed the prayer for

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Patna High Court CR. MISC. No.55180 of 2022(2) dt.16-12-2022 2/2

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grant of bail to the petitioner. He has submitted that victim is minor and it would not be proper to release the petitioner on bail.

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This Court deprecates the manner in which the Subordinate Court has proceeded once it has ascertained the age of the victim to be 17 years then considering her to be minor has not proceeded as per the provisions of the Juvenile Justice (Care and Protection of Children) Act and the POCSO Act.

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Considering the allegation made in the F.I.R. as well as the statement of the victim recorded under Section 164 Cr.P.C., the learned Court below is directed to record the statement of the victim, informant along with statement of father and mother of the petitioner. In case it is found that the victim is major and if both the parties agrees to any settlement considering the fact that she has married with the petitioner then it would be proper to release the petitioner on bail on such terms and conditions as the Court below deems it fit and proper.

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Accordingly, the present bail application stands disposed of.

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(Purnendu Singh, J)

Sonu Kumar @ Sonu Mandal v. The State of Bihar

Case brief

What is this about?

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Sonu Kumar @ Sonu Mandal v. The State of Bihar

Case brief

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What did the court decide?

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