Dismissed

Joshi Kumar v. The State of Bihar

Patna HC20 Jul 2023CR. APP (SJ)/4213/2022

Case brief

AI extract

What is this about?

This single judge criminal appeal challenging a bail rejection order in a POCSO and IPC case was dismissed. The High Court held there was no error in the lower court's decision, relying on Section 12 of the Juvenile Justice Act and the evidence of apprehension.

What did the court decide?

The bail prayer is rejected. Case is directed to be disposed of within six months; otherwise, bail prayer may be renewed.

Joshi Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4213 of 2022

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Arising Out of PS. Case No.-79 Year-2022 Thana- MOTIHARI TOWN District- East Champaran

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

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XXX Son of Bijay Singh R/v- Bakhtaura, P.S.- Darpa, District- East Champaran Under Guardianship and natural and legal guardian of his Father namely Bijay singh aged about 47 years, Gender- Male, Son of Hanuman Singh

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... ... Appellant/s

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Versus

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The State of Bihar Bihar

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UMA SHANKAR SAH Son of Late Ganesh Sah R/v- Ayodhya Nagar, Kolhuarwa, P.S.- Motihari Town, District- East Champaran

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Madhurendra Kumar For the Respondent/s : Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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4 20-07-2023 Heard learned counsel for the appellant and learned APP

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for the State.

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The present appeal has been filed against the order dated 07.09.2022 passed by learned 1st Additional Sessions Judge-cum-Special Judge Children’s Court, East Champaran , Motihari in connection with Children Trial No. 20 of 2022 arising out of Town P.S. Case No. 79 of 2022 registered under Sections 363, 366(A), 376 of the IPC and Section 4 of the POCSO Act whereby and whereunder the prayer for bail of the appellant was rejected.

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Patna High Court CR. APP (SJ) No.4213 of 2022(4) dt.20-07-2023 2/3

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As per prosecution case, informant’s daughter has been kidnapped by unknown miscreants with wrong intention. FIR has been lodged against unknown and owner of some mobile numbers.

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Learned counsel for the appellant(juvenile) submits that the present appellant(juvenile) is not named in the FIR and his name has been surfaced in the present case during the course of investigation on the basis of suspicion only. He further submits that appellant is quite innocent and has committed no offence as alleged in the FIR.

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Learned A.P.P for the State vehemently opposes the prayer for bail of the appellant and submits that column 22 of SBR indicates that the petitioner/CICL was apprehended near the main gate of railway station, Motihari with the victim and same is mentioned in impugned order also.

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6.On bare perusal of provision of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, it appears that Juvenile in conflict with law shall be released on bail unless there appears reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of

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Patna High Court CR. APP (SJ) No.4213 of 2022(4) dt.20-07-2023 3/3

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justice.

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Considering the facts and circumstances of the case, nature of allegation levelled against the appellant, materials available on record and the finding of the learned Court below as also the submissions advanced on behalf of the parties, this court does not find any error in the order of the court below. Accordingly, this appeal is dismissed.

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However, the court concerned is directed to expedite the case as early as possible preferably within six months from the date of receipt/production of copy of this order and if same is not concluded within the above stated period, the prayer for bail may be renewed.

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(Alok Kumar Pandey, J)

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vashudha/-

Joshi Kumar v. The State of Bihar

Case brief

What is this about?

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Joshi Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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