Partly allowed

Aman Kumar Sah @ Aman Kumar v. The State of Bihar

Patna HC22 Sept 2023CR. MISC./59293/2023

Case brief

AI extract

What is this about?

The Patna High Court heard a bail application filed by 19 petitioners facing charges including rape, assault, and caste-based insults under the IPC, POCSO, and SC/ST Acts. The court allowed one petitioner to withdraw due to arrest and granted anticipatory bail to the remaining petitioners subject to conditions and a bond.

What did the court decide?

Anticipatory bail granted to most petitioners on furnishing bond of Rs. 20,000 each with two sureties within six weeks. One petitioner allowed to withdraw and bail application dismissed as withdrawn f

Aman Kumar Sah @ Aman Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59293 of 2023

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Arising Out of PS. Case No.-151 Year-2023 Thana- KESARIA District- East Champaran

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

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AMAN KUMAR SAH @ AMAN KUMAR S/O SURESH SAH R/O VILLAGE- BAIRIYA, P.S- KESARIYA, DISTT.- EAST CHAMPARAN.

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RAJA KUMAR SAH @ RAJA KUMAR S/O SANTOSH SAH R/O VILLAGE- BAIRIYA, P.S- KESARIYA, DISTT.- EAST CHAMPARAN.

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ARUN KUMAR SAH @ ARUN KUMAR S/O SUNIL SAH R/O VILLAGE- BAIRIYA, P.S- KESARIYA, DISTT.- EAST CHAMPARAN.

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SUNNY KUMAR SAH @ SUNNY KUMAR S/O SAROJ SAH R/O VILLAGE- BAIRIYA, P.S- KESARIYA, DISTT.- EAST CHAMPARAN.

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VIKASH KUMAR SAH @ VIKASH KUMAR S/O AJAY SAH R/O VILLAGE- BAIRIYA, P.S- KESARIYA, DISTT.- EAST CHAMPARAN.

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SAROJ SAH @ SAROJ KUMAR GUPTA S/O LATE SUDARSHAN SAH @ SUDARSHAN PRASAD R/O VILLAGE- BAIRIYA, P.S- KESARIYA, DISTT.- EAST CHAMPARAN.

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SURESH SAH @ SURESH PRASAD SAH S/O LATE KEDAR SAH R/O VILLAGE- BAIRIYA, P.S- KESARIYA, DISTT.- EAST CHAMPARAN.

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SANTOSH SAH @ SANTOSH KUMAR GUPTA S/O LATE SUDARSHAN SAH R/O VILLAGE- BAIRIYA, P.S- KESARIYA, DISTT.EAST CHAMPARAN.

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CHANDAN SAH @ CHANDAN KUMAR S/O LATE SUDARSHAN SAH @ SUDARSHAN PRASAD R/O VILLAGE- BAIRIYA, P.S- KESARIYA, DISTT.- EAST CHAMPARAN.

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PRINCE KUMAR S/O SUNIL SAH R/O VILLAGE- BAIRIYA, P.SKESARIYA, DISTT.- EAST CHAMPARAN.

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UMESH SAH @ UMESH KUMAR S/O SUBHASH SAH R/O VILLAGEBAIRIYA, P.S- KESARIYA, DISTT.- EAST CHAMPARAN.

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KAMLESH SAH @ KAMLESH KUMAR S/O SUBHASH SAH R/O VILLAGE- BAIRIYA, P.S- KESARIYA, DISTT.- EAST CHAMPARAN.

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SUBHASH SAH @ SUBHASH PRASAD S/O LATE KEDAR SAH R/O VILLAGE- BAIRIYA, P.S- KESARIYA, DISTT.- EAST CHAMPARAN.

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AJAY SAH @ AJAY KUMAR GUPTA S/O YOGENDRA SAH R/O VILLAGE- BAIRIYA, P.S- KESARIYA, DISTT.- EAST CHAMPARAN.

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ABHISHEK KUMAR SAH @ ABHISHEK KUMAR S/O VIJAY SAH R/O VILLAGE- BAIRIYA, P.S- KESARIYA, DISTT.- EAST CHAMPARAN.

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PUSHPA DEVI W/O SAROJ SAH R/O VILLAGE- BAIRIYA, P.SKESARIYA, DISTT.- EAST CHAMPARAN.

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PRATIMA DEVI W/O CHANDAN SAH R/O VILLAGE- BAIRIYA, P.SKESARIYA, DISTT.- EAST CHAMPARAN.

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RITU DEVI @ RITA DEVI W/O SANTOSH SAH R/O VILLAGEBAIRIYA, P.S- KESARIYA, DISTT.- EAST CHAMPARAN.

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ANITA DEVI W/O SURESH SAH R/O VILLAGE- BAIRIYA, P.S-

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Patna High Court CR. MISC. No.59293 of 2023(2) dt.22-09-2023 2/4

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KESARIYA, DISTT.- EAST CHAMPARAN.

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... ... Petitioner/s

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Versus

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The State of Bihar BIHAR

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RAJU KUMAR DAS S/O MANIK DAS R/O VILLAGE- LALA CHAPRA, P.S- KESARIYA, DISTT.- EAST CHAMPARAN.

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... ... Opposite Party/s

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

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For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Mr.Binay Krishna ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 22-09-2023

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Learned counsel for the petitioners prays to withdraw the application with respect to petitioner no. 8 and submits that he has been arrested.

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Prayer is allowed.

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The present bail application is dismissed as withdrawn with respect to petitioner no. 8.

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Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

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Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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The petitioners are apprehending their arrest in connection with Kesariya P.S. Case No. 151 of 2023 dated 25.03.2023, in a case registered for the offences punishable u/ss

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Patna High Court CR. MISC. No.59293 of 2023(2) dt.22-09-2023 3/4

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147, 149, 341, 323, 324, 354B, 379, 504, 506 of the Indian Penal Code and Section 8 of the POCSO Act and 3(i)(r)(s) SC/ST Act.

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As per the prosecution the case, it is alleged that the petitioner nos. 1 to 5 entered the house of the informant and started abusing him. On being objected, they outraged the modesty of the informant’s niece and wife. It is further alleged that they inflicted head injury to the informant with lathi and farsa. Further allegation in the FIR is that the petitioner nos. 6 to 19 came to the informant’s house and abused him and his family members by calling their caste names. It is further alleged that the petitioner no. 6 and 7 namely, Saroj Sah and Suresh Sah assaulted the informant with farsa and lathi , it is also alleged that Saroj Sah snatched Rs. 5,000/- from the pocket of the informant. It is further alleged that the petitioner no. 16, namely Pushpa Devi snatched Mangalsutra from the informant’s wife.

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Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is case and counter-case between the parties. He further submitted that all injuries are simple in nature. The petitioner nos. 1, 2, 4, 5, 10, 11, 14, 15 and 19 have no criminal antecedent whereas petitioner nos. 3, 6, 9, 12, 13, 16, 17 and 18 have got

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Patna High Court CR. MISC. No.59293 of 2023(2) dt.22-09-2023 4/4

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one criminal antecedent while petitioner no. 7 has got 3 criminal antecedents as stated at para 3 of the bail petition. There is general and omnibus allegation against the petitioners. The allegation of theft is ornamental. Learned counsel further submitted that the petitioners did not call abuses in their caste names in public view.

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Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners.

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Considering the aforesaid facts and circumstances of the case let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Motihari at East Champaran in connection with Kesariya P.S. Case No. 151 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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This application stands allowed.

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(Chandra Prakash Singh, J)

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Alok Verma/- U T

Aman Kumar Sah @ Aman Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Aman Kumar Sah @ Aman Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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