Allowed

Anil Kumar @ Anil Sah v. The State of Bihar

Patna HC11 Aug 2023CR. MISC./46568/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Patna allowed the withdrawal of the bail application of petitioner no. 1 and dismissed the same. Subsequently, the Court granted interim bail to petitioner nos. 2 and 3 in a murder and POCSO case subject to arrest or surrender and furnishing bonds.

What did the court decide?

Permission to withdraw bail application of petitioner no. 1 was accorded and the application dismissed as withdrawn. Bail granted to petitioner nos. 2 and 3 conditional on arrest or surrender within f

Anil Kumar @ Anil Sah 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.46568 of 2023

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Arising Out of PS. Case No.-374 Year-2022 Thana- CHANPATIA District- West Champaran

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ANIL KUMAR @ ANIL SAH Son of Suresh Sah Resident of village - Tadwa ward no. 5, Nandpur, Pokhri Tola, P.s. - Bairiya, Distt. - West Champaran

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Sunil Sah Son of Suresh Sah Resident of village - Tadwa ward no. 5, Nandpur, Pokhri Tola, P.s. - Bairiya, Distt. - West Champaran

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Vinay Kumar Son of Dhruv Sah Resident of village - Tadwa ward no. 5, Nandpur, Pokhri Tola, P.s. - Bairiya, Distt. - West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr. Umesh Kumar Gupta, Adv. For the Opposite Party/s : Mr. Madan Kumar, APP

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CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA

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ORAL ORDER

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2 11-08-2023

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Learned counsel for the petitioners seeks permission

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to withdraw the bail application with respect to petitioner no. 1, namely, Anil Kumar @ Anil Sah, since during the pendency of this case, he has been arrested.

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Permission is accorded.

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Accordingly, the bail application with respect to petitioner no. 1, namely, Anil Kumar @ Anil Sah is dismissed as withdrawn.

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Heard learned counsel for the petitioner nos. 2 and 3 and learned counsel for the State.

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The petitioners apprehend their arrest in connection with Chanpatia P.S. Case No. 374 of 2022 registered under Sections 366 (A), 34 of the Indian Penal Code and Sections 8

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Patna High Court CR. MISC. No.46568 of 2023(2) dt.11-08-2023 2/2

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and 12 of the POCSO Act.

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Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case on account of suspicion and dirty village party politics. Further submission is that the first information report has been lodged after a delay of 14 days without any explanation. Both the parties have compromised the present case, as contained in Annexure-2 to the bail application. The petitioners have got no criminal antecedent.

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Having considered the facts and circumstances of the case, let the petitioners namely, Sunil Sah @ Sunil Kumar and Vinay Kumar be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing personal bonds each to the satisfaction of Special Judge POCSO-cum-Additional District Judge-VI, West Champaran, Bettiah. in connection with Chanpatia P.S. Case No. 374 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

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(Arvind Srivastava, J)

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utkarsh/-

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U T

Anil Kumar @ Anil Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Anil Kumar @ Anil Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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