Sudarshan @ Sudarsan Ram @ Sudarsan @ Sudrashan Kahar v. The State of Bihar

Patna HC11 Jul 2023CR. MISC./6522/2023

Case brief

AI extract

What is this about?

High Court at Patna rejected bail application of petitioner accused of IPC 376 DA, POCSO Act, and SC/ST Act offences. Court found petitioner aged 70 innocent but opposed bail due to victim's FIR and allegations, directing trial court to expedite proceedings.

What did the court decide?

Application for bail is rejected; trial court directed to expedite and conclude the trial.

Sudarshan @ Sudarsan Ram @ Sudarsan @ Sudrashan… — Child Sexual Offences (POCSO) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6522 of 2023

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Arising Out of PS. Case No.-34 Year-2022 Thana- MAHILA P.S. District- Kaimur (Bhabua)

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

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SUDARSHAN @ SUDARSAN RAM @ SUDARSAN @ SUDRASHAN KAHAR Son of Late Chandrika Kamkar Resident of Village- Jagebaraon (Jagebaraon), P.S.- Sonhan, District- Kaimur (Bhabua)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashutosh Tripathy For the Opposite Party/s : Mr.Binay Krishna ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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3 11-07-2023

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Heard learned counsel for the petitioner and learned APP for the State.

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The instant application for regular bail has been filed by the petitioner instituted for the offence punishable under Sections 376 DA of the IPC and Section 6 of POCSO Act and Section 3(1)(W)/3(2)(V) of SC/ST Act.

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As per allegation in the FIR, minor victim girl/informant, aged about 15 years was in talking term with coaccused Prithvi Kumar and he called her at the Dalan of Birendra Singh. Petitioner, who was caretaker of dalan of Birendra Singh and the co-accused Prithvi Kumar committed wrong with inside the room. It is further alleged that when when the father of the victim girl came there and knocked the door,

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Patna High Court CR. MISC. No.6522 of 2023(3) dt.11-07-2023 2/2

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accused persons moved her out from backdoor of the house.

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Learned counsel appearing on behalf of the petitioner

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has submitted that petitioner is innocent and has committed no offence. Petitioner is an old man of 70 years. Victim girl has denied her medical test. Petitioner has got no criminal antecedent and languishing in judicial custody since 20.10.2022.

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Learned APP appearing for the State has opposed the prayer of bail and submitted that victim girl is author of the FIR. Statement of the victim girl was recorded under Section 164 Cr.P.C., wherein she has made direct allegation of commission of rape against the petitioner and one co-accused Prithvi Kumar. During investigation, several witnesses have supported the prosecution story.

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Having heard learned counsel for the parties and considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

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The trial court is directed to expedite and conclude

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the trial.

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(Sunil Kumar Panwar, J)

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sushma/- U

Sudarshan @ Sudarsan Ram @ Sudarsan @ Sudrashan Kahar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sudarshan @ Sudarsan Ram @ Sudarsan @ Sudrashan Kahar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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