Allowed¶16

Sujit Kumar v. The State of Bihar

Patna HC25 Apr 2024CR. MISC./11886/2024

Case brief

AI extract

What is this about?

Sujit Kumar v. The State of Bihar; Criminal Miscellaneous No.11886 of 2024, Patna High Court, decided 25-04-2024 by Ramesh Chand Malviya, J. Regular bail; Section 376/34 IPC; Sections 6 and 8 POCSO Act; Bettiah Muffasil Police Station Case No. 584 of 2023; West Champaran; delay of about 8 days in lodging FIR without specific reason; murder of co-accused Sonu Kumar found true against Ayush Patel and Gautam Patel; petitioner in custody since 16.09.2023; bail bonds Rs. 10,000/- with two sureties.

What did the court decide?

Regular bail granted on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - VI - cum Special Judge - POCSO, Bettiah, District - West Champaran, in connection with Bettiah Muffasil Police Station Case No. 584 of 2023.

Sujit Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, arraigned for the offence under Sections 376/34 IPC and Sections 6 and 8 of the POCSO Act arising out of Bettiah Muffasil Police Station Case No. 584 of 2023, should be released on regular bail.

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Court's answer

The FIR was lodged on 05.09.2023 in respect of an offence alleged to have occurred on 29.08.2023, i.e. about 8 days' delay, and no specific reason was given for the delay in lodging the FIR.

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Ratio / Principle

Co-accused Sonu Kumar had been murdered and, upon conclusion of police investigation, that murder was found to be true against Ayush Patel and Gautam Patel.

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Key takeaways

Considering the facts and circumstances, the petitioner was ordered to be released on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge - VI - cum Special Judge - POCSO, Bettiah, District - West Champaran.ratio¶16

Detailed headnote1 paragraphs

Patna High Court (Ramesh Chand Malviya, J) allowed the regular bail application of the petitioner, accused under Sections 376/34 IPC and Sections 6 and 8 of the POCSO Act in Bettiah Muffasil P.S. Case No. 584 of 2023, District West Champaran. The Court noted that although the offence was alleged to have occurred on 29.08.2023 at about 4 A.M., the FIR was lodged on 05.09.2023 (about 8 days' delay) with no specific reason given for the delay, and that co-accused Sonu Kumar had been murdered, which was found to be true after conclusion of police investigation against Ayush Patel and Gautam Patel. Bail directed on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each before the Additional Sessions Judge - VI - cum Special Judge - POCSO, Bettiah.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11886 of 2024

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Arising Out of PS. Case No.-584 Year-2023 Thana- MUFFASIL District- West Champaran

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====================================================== Sujit Kumar S/o- Surendra Sah Village- Godawa Tola ward no 37, Ps- Bettiah Muffasil Dist- West Champaran ... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, APP For the Informant : Mr. Swarna Roy, Advocate

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

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 4 25-04-2024 Heard learned counsel for the petitioner and learned APP

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for the State.

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The petitioner seeks regular bail in a case registered for the offence under Section 376 / 34 of the IPC and Sections 6 and 8 of the POCSO Act.

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As per the prosecution case, the allegation against the petitioner is that he alongwith other co-accused persons committed rape of informant and her sister.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that the petitioner is in custody since 16.09.2023.

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However, learned APP for the State vehemently opposed the prayer for regular bail.

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On perusal of the FIR, case diary and impugned order dated 03.01.2024, it appears that on the basis of written report dated 05.09.2023 FIR was registered against two accused persons including

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Patna High Court CR. MISC. No.11886 of 2024(4) dt.25-04-2024 2/2

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the present petitioner. Offence against the petitioner regarding rape and sexual assault of victim on 29.08.2023 about 4 A.M. but FIR was lodged on 05.09.2023 i.e. about 8 days delay. No specific was reason given for the aforesaid delay in lodging of FIR and also on perusal of the information report and case diary, one co-accused Sonu Kumar was murdered by other person, regarding which FIR was registered against unknown person. Aforesaid murder of Sonu Kumar found to be true after conclusion of police investigation against Ayush Patel and Gautam Patel as stated in para 8 of the bail petition.

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Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - VI - cum Special Judge - POCSO, Bettiah, District - West Champaran in connection with Bettiah Muffasil Police Station Case No. 584 of 2023.

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(Ramesh Chand Malviya, J)

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saurabhkr/-

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U T

Sujit Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sujit Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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