Allowed

Jagan Singh @ Jagan Kumar Singh v. The State of Bihar

Patna HC4 Sept 2023CR. MISC./12368/2023

Case brief

AI extract

What is this about?

Anticipatory bail application in a POCSO case alleging kidnapping of the informant's daughter for marriage. The victim's Section 164 statement said she left willingly. The court granted pre-arrest bail on furnishing bonds with two sureties within six weeks.

What did the court decide?

Anticipatory bail granted: on arrest/surrender within six weeks, petitioner to be enlarged on Rs 10,000 bond with two sureties of like amount subject to Section 438(2) CrPC conditions.

Jagan Singh @ Jagan Kumar Singh Vs The State of… — Child Sexual Offences (POCSO) | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No 12368 of 2023

¶2

Arising Out of PS. Case No.-580 Year-2022 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur

¶3

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

¶4

JAGAN SINGH @ JAGAN KUMAR SINGH Son of Late Satyanarayan Singh R/v- Rampur, P.S.- Tariya, District- Saran at Chapra

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr Ranjit Kumar Thakur, Advocate For the Opposite Party/s : Mr Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE PRABHAT KUMAR SINGH

¶10

ORAL ORDER

¶11

5 04-09-2023

¶12

Heard learned counsel for the petitioner and the

¶13

learned APP.

¶14

2 The petitioner apprehends arrest in Sadar PS Case No 580 of 2022 registered for the offence punishable under Sections, 366, 363A, 120B of Indian Penal Code and Sections 4, 6, 8 of POCSO Act.

¶15

3 As per the prosecution case, the petitioner along with co-accused Chandan Kumar kidnapped the daughter of the informant for the purpose of marriage.

¶16

4 Learned counsel for the petitioner submits that the victim, in her statement recorded under Section 164 of Cr P C, has stated that she, out of her own will, went to Gujarat and no one kidnapped her. It is further submitted that the petitioner is

¶17

Patna High Court CR. MISC. No.12368 of 2023(5) dt.04-09-2023 2/2

¶18

father of co-accused Chandan Kumar.

¶19

5 Learned APP has vehemently opposed the prayer for anticipatory bail.

¶20

6 Considering the rival submissions and in view of the statement of victim recorded under Section 164 of Cr P C, the Court below assessing the age of victim as 19 years, in the event of arrest/surrender within a period of six weeks from today, the petitioner above named be enlarged on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VI -cum- Special Judge, POCSO Act, Muzaffarpur in Sadar PS Case No 580 of 2022 subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure.

¶21

(Prabhat Kumar Singh, J)

¶22

M.E.H. /-

¶23

U T

Jagan Singh @ Jagan Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jagan Singh @ Jagan Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Awadhesh Mahto Vs The State of Bihar

Manoj Kumar Rajak @ Lalan Rajak @ Lakhan Rajak Vs the State of Bihar

Jugut Lal Mahto @ Jugut Mahto Vs The State of Bihar

Vijay Chaudhary @ Maruti Chaudhary Vs The State of Bihar

Birbahadur Singh Vs the State of Bihar

Raja Kumar @ Raja Sahni Vs The State of Bihar