Allowed¶19

Rosan Singh v. The State of Bihar

Patna HC16 Apr 2024CR. MISC./12136/2024

Case brief

AI extract

What is this about?

Anticipatory bail; pre-arrest bail; POCSO; Section 4/6/7/8 POCSO Act; Sections 366(A) and 376(3) IPC; minor victim; abduction and rape allegations; specific rape charge against co-accused Hari Rai; parity with co-accused Om Rai (Cr. Misc. No.44369 of 2022, order dated 14.12.2022); clean antecedent; Section 438(2) CrPC conditions; bail bond Rs.10,000/- with two like sureties; ADJ-VI-cum-Special Judge POCSO Gopalganj; Vishambharpur P.S. Case No. 124 of 2021; Gopalganj district; Criminal Miscellaneous No.12136 of 2024; Patna High Court; Justice Prabhat Kumar Singh; decided 16-04-2024.

What did the court decide?

Anticipatory bail - enlargement on bail upon arrest or surrender within six weeks, on bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, subject to conditions under Section 438(2) CrPC. ¶19

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12136 of 2024

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Arising Out of PS. Case No.-124 Year-21 Thana- VISHAMBHARPUR District- Gopalganj

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

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Rosan Singh S/o Shambhu Nath Singh @ Shambhu Rai Resident of Village - Galimpur, P.S. - Vishambharpur, Dist. - Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Kumar Pandey For the Opposite Party/s : Mr.Nawal Kishore Prasad ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 16-04-2024

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Heard learned counsel for the parties.

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The petitioner apprehends his arrest in a case registered for the offence under Sections 366(A), 376(3) of the Indian Penal Code and Section 4/6/7/8 of POCSO Act.

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As per the F.I.R. on 10.10.2021 at 4 A.M. the minor daughter of the informant went to attend nature’s call but she did not return. Thereafter a search was made but the victim could not be located, further on 12.10.2021, he saw his daughter crying and on inquiry, she disclosed that this petitioner along with co-accused Roshan tied her mouth and confined her in a room and Hari Rai raped her and threatened to kill her and the informant.

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Learned counsel for the petitioner submits that specific accusation of rape is against co-accused, Hari Rai. It is

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Patna High Court CR. MISC. No.12136 of 2024(3) dt.16-04-2024 2/2

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further submitted that similarly situated co-accused, Om Rai, having similar and same allegation, has already been granted bail vide order dated 14.12.2022 passed in Cr. Misc. No.44369 of 2022 by Coordinate Bench of this Court. Petitioner claims clean antecedent.

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Learned A.P.P. for the State has opposed the bail petition.

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Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest or surrender within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-VI-cum-Special Judge, POCSO, Gopalganj, in connection with Vishambharpur P.S. Case No. 124 of 2021, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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sanjeev/-

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(Prabhat Kumar Singh, J)

Rosan Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rosan Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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