Allowed

Basant Kumar v. The State of Bihar

Patna HC14 Jul 2023CR. MISC./33000/2023

Case brief

AI extract

What is this about?

Bail application allowed to petitioners facing charges of abduction and molestation under IPC and POSCO Act. Granted bail with bond of Rs. 10,000 each and two sureties of like amount, subject to specific attendance and conduct conditions.

What did the court decide?

Release on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of like amount subject to specific conditions regarding attendance and conduct.

Basant Kumar Vs The State of Bihar — Constitutional and Fundamental Rights | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33000 of 2023

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Arising Out of PS. Case No.-27 Year-2021 Thana- MUNGER MUFFASIL District- Munger

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Basant Kumar Son of Rajniti Pd. Singh R/O-Dhautal Mahton Tola Tikarampur, P.S.-muffasil, Distt.-munger

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Sheet Kumar @ Sito Kumar Son of Rajniti Pd. Singh R/O-Dhautal Mahton Tola Tikarampur, P.S.-muffasil, Distt.-munger

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... ... Petitioner/s

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Versus

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The State of Bihar

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Shanker Mahto Son of Mahendra Pd. Singh R/O-Adarshgram Tika Rampur, P.S.-Muffasil, Distt.-Munger

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... ... Opposite Party/s

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

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Appearance :

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For the Petitioner/s : Mr.Sanjiv Kumar Singh, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP

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

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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2 14-07-2023 Heard the parties.

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The petitioners are in custody since 27.03.2021 in connection with Muffasil P.S. Case No. 27/2021 for the offence punishable under Sections 147, 448, 347, 366 (A), 354 (B) (C), 323 of the I.P.C and 8 POSCO Act lodged on 25.01.2021 by the informant, Shankar Mahto.

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The prosecution story, in nut shell, given out in the written statement of one Shanker Mahton before O/c Muffasil Police Station on 25.1.2021 (constituting F.I.R.) is as follows:-

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(a) in the night, the petitioners along with other accused persons entered into the house of informant and on the

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Patna High Court CR. MISC. No.33000 of 2023(2) dt.14-07-2023 2/4

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gun point they abducted his daughter ‘x’ who was sleeping along with her grand mother and took her to their house and accused Rahul Kumar solemnized marriage with her daughter;

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(b) it is further alleged in the F.I.R. that all the accused persons after performing marriage kept Rahul Kumar and ‘x’ in a room where Rahul Kumar tried to molest her but in the meantime she raised alarm when informant along with other his family members reached at the house and rescued her. Accordingly, the F.I.R.

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It has been contended by the learned counsel for the petitioners, that although the mother and victim girl has made allegation against the Rahul Kumar and his mother.

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So far as these petitioners are concerned, they have nothing to do with the case and only because they belong to the family has been dragged in this case.

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Further, similarly placed co-accused Sunil Kumar has been released on bail vide Cr. Misc. No. 59817 of 2022 dated 15.02.2023 by a co-ordinate bench of this court.

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Mr. Jitendra Kumar Singh learned APP opposes the prayer stating that the allegation is that the victim girl was taken to the house of the petitioner where Rahul Kumar tried to solemnize the marriage and also tried to outrage her modesty.

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Patna High Court CR. MISC. No.33000 of 2023(2) dt.14-07-2023 3/4

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Be that as it may, the main allegation is against Rahul Kumar, the petitioners have already suffered by being custody since 27.03.2021 and do not have criminal antecedent, this Court is inclined to extend him the privilege of bail with conditions.

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Let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of the court of learned Exclusive Special Judge (POSCO Act) Cum Addl. Session Judge- VI, Munger in connection with Muffasil P.S. Case No. 27 of 2021, subject to the following conditions:

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(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

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(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;

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(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance;

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(iv) the petitioners shall in no way try to induce or

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Patna High Court CR. MISC. No.33000 of 2023(2) dt.14-07-2023 4/4

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promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

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With the aforesaid observations, the bail application is

allowed.

(Rajiv Roy, J)

Ravi/jyoti/-

U T

Basant Kumar v. The State of Bihar

Case brief

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Basant Kumar v. The State of Bihar

Case brief

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