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Santosh Kumar @ Santosh Mukhiya v. The State of Bihar

Patna HC1 Nov 2023CR. MISC./69733/2023

Case brief

AI extract

What is this about?

The High Court of Patna granted anticipatory bail to Santosh Kumar in a POCSO case involving alleged abduction. The court allowed surrender within four weeks to secure release on bail bond with sureties under Section 438 CrPC, distinguishing victim's statement from prosecution charge.

What did the court decide?

Petitioner released on anticipatory bail if arrested or surrenders within four weeks, on furnishing Rs. 10,000 bond with two sureties under Section 438(2) CrPC.

Santosh Kumar @ Santosh Mukhiya Vs The State of… — Child Sexual Offences (POCSO) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.69733 of 2023

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Arising Out of PS. Case No.-668 Year-2022 Thana- MAJHAULIA District- West Champaran

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

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SANTOSH KUMAR @ SANTOSH MUKHIYA Son of Rameshwar Mukhiya Resident of Village-Mahanwa Dumari, P.S. Manjhauliya, District-West Champaran.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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

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Appearance :

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For the Petitioner/s : Mr.Sanjeev Kumar Shrivastava, Advocate For the Opposite Party/s : Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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2 01-11-2023

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Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.

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The petitioner apprehends his arrest in connection with Majhauliya P.S. Case No. 668 of 2022, registered for the offences punishable under Sections-366(A), 504, 506/34 of the Indian Penal Code and 8/12 of the POCSO Act.

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Prosecution case in short is that while the informant’s daughter went to attend the call of nature, the accused persons named in the FIR put gamchha over her face and abducted for the purpose of illegal intent.

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Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the present case due to previous dispute between the parties. The victim in her

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Patna High Court CR. MISC. No.69733 of 2023(2) dt.01-11-2023 2/2

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statement recorded under Section 164 of the Cr. P.C. has stated that she went with the petitioner as per her own sweet will and she has solemnized marriage with the petitioner.

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On the other hand, learned Additional Public Prosecutor appearing for the State has opposed the prayer for bail.

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Considering the above-mentioned facts and circumstances, let the petitioner, named above, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO-cum-A.D.J.-VI, West Champaran, Bettiah in connection with Majhauliya P.S. Case No. 668 of 2022, subject to the conditions as laid down under section 438(2) of the CrPC.

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(Nawneet Kumar Pandey, J)

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A.K.V.//-

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U T

Santosh Kumar @ Santosh Mukhiya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Santosh Kumar @ Santosh Mukhiya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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