Allowed

Pravesh Yadav v. The State of Bihar

Patna HC26 Jul 2023CR. MISC./43186/2023

Case brief

AI extract

What is this about?

In a CRCM bail application concerning a POCSO case involving alleged rape under IPC 376 and POCSO Act Section 4, the Patna High Court granted bail to the petitioner on furnishing a bond and two sureties, noting defects in statutory compliance and delayed filing of the FIR.

What did the court decide?

The petitioner was enlarged on bail on furnishing a bail-bond of Rs.20,000 with two sureties of the like amount each.

Pravesh Yadav 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 MISCELLANEOUS No.43186 of 2023

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Arising Out of PS. Case No.-1172 Year-2022 Thana- KAHALGAON District- Bhagalpur

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

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PRAVESH YADAV Son of Dilip Yadav Resident of Village - Ogri, Police Station - Kahalgaon, District - Bhagalpur

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... ... Petitioner/s

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Versus

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The State of Bihar

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Sushma Kumari Daughter of Gopal Mandal Resident of Village - Ogri, Police Station - Kahalgaon, District - Bhagalpur

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 26-07-2023

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Learned counsel for the petitioner is permitted to

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remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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2 . Heard learned counsel for the petitioner and learned A.P.P for the State.

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3 . The petitioner has preferred this application for grant of regular bail in connection with POCSO Case No. 216 of 2022 arising out of Kahalgaon P.S. Case No. 1172 of 2022 dated 01.11.2022 registered for the offences u/ss 354, 379 and 376 of the Indian Penal Code and section 4 of POCSO Act.

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4 . As per the prosecution case, the petitioner and the co-accused person are alleged to have misbehaved with the

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Patna High Court CR. MISC. No.43186 of 2023(2) dt.26-07-2023 2/3

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informant and the petitioner committed rape on her. When the informant's brother went to rescue, the co-accused person caught hold of him and started assaulting and also snatched Rs. 600/- and silver chain.

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5 . Learned counsel for the petitioner has submitted that the petitioners is innocent and has falsely been implicated in this case. There is no statutory compliance of sections 53A and 164A of the Cr.P.C. Learned counsel has further submitted that the complaint was filed in 2016 and the FIR was lodged after six years i.e. in 2022. As per impugned order, the victim in her statement recorded under section 164 of the Cr.P.C. has stated that she solemnized her marriage with the petitioner and they have two children. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.01.2023.

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6 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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7 . Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

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Patna High Court CR. MISC. No.43186 of 2023(2) dt.26-07-2023 3/3

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concerned, Bhagalpur in connection with POCSO Case No. 216 of 2022 arising out of Kahalgaon P.S. Case No. 1172 of 2022.

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8 . The application stands allowed.

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(Chandra Prakash Singh, J)

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guddukr/-

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U T

Pravesh Yadav v. The State of Bihar

Case brief

What is this about?

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Pravesh Yadav v. The State of Bihar

Case brief

What is this about?

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