Allowed¶20

Vikash Kumar Thakur v. The State of Bihar

Patna HC19 Sept 2024CR. MISC./12691/2024

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.12691 of 2024, order dated 19-09-2024, Nawneet Kumar Pandey, J. Vikash Kumar Thakur v. The State of Bihar. Regular bail allowed in Special (POCSO) Case No. 319 of 2023 arising out of Digha P.S. Case No. 670 of 2023 (Sections 366(A) and 376 IPC; Section 4 POCSO Act). Bail bonds of Rs.10,000/- with two like sureties; condition to cooperate in trial. Earlier FIR Digha P.S. Case No. 528 of 2022 (elopement) noted; custody since 01.09.2023.

What did the court decide?

Regular bail granted on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to the condition of cooperating in the disposal of trial and making himself available as and when required by the court. ¶20

Vikash Kumar Thakur 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 should be released on regular bail in connection with Special (POCSO) Case No. 319 of 2023 arising out of Digha P.S. Case No. 670 of 2023.

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Court's answer

The petitioner was directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge, POCSO, Patna, in connection with Special (POCSO) Case No. 319 of 2023 arising out of Digha P.S. Case No. 670 of 2023.

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Ratio / Principle

The bail release was made subject to the condition that the petitioner cooperate in the disposal of trial and make himself available as and when required by the court.

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Detailed headnote1 paragraphs

Regular bail granted. The Patna High Court (Nawneet Kumar Pandey, J) allowed the prayer for regular bail of Vikash Kumar Thakur in Special (POCSO) Case No. 319 of 2023 arising out of Digha P.S. Case No. 670 of 2023, registered for the offence under Section 366 (A) IPC with Section 376 IPC and Section 4 of the POCSO Act later added, directing release on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge, POCSO, Patna, subject to the condition that the petitioner cooperate in the disposal of trial and remain available as and when required by the court. Submissions recorded: petitioner innocent and falsely implicated; earlier elopement FIR being Digha P.S. Case No. 528 of 2022; victim alleged to be above 17 years; statement under Section 164 Cr.P.C. allegedly made under coercion and duress; petitioner of clean antecedents and in custody since 01.09.2023.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12691 of 2024

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Arising Out of PS. Case No.-670 Year-2023 Thana- DIGHA District- Patna

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

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Vikash Kumar Thakur S/O Harinandan Thakur R/O Village- Ekar, Ps.Nauhatta, Dist.- Saharsa.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Ramchandra Sahni, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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7 19-09-2024

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Heard learned counsel for the petitioner as well as learned APP for the State.

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In this case, the petitioner is seeking regular bail in connection with Special (POCSO) Case No. 319 of 2023 arising out of Digha P.S. Case No. 670 of 2023, registered for the offences punishable under Section 366 (A) of the Indian Penal Code and later on added Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.

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As per allegation, on 23.08.2023, when the informant’s minor sister had gone out from the house to meet her friend by taking her phone and when the informant tried to contact her the said phone was found switched off, the present case was registered as specified against unknown.

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The learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. Prior to the present occurrence also the victim had eloped and Digha P.S. Case No. 528 of 2022 was lodged against unknown persons for

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Patna High Court CR. MISC. No.12691 of 2024(7) dt.19-09-2024 2/2

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elopement of the victim. Learned counsel for the petitioner has also submitted that the age of the victim is above 17 years which shows that she is on the verge of majority. He has also been submitted that under the coercion and duress, the victim had supported the allegation in the statement under Section 164 of the Cr.P.C. The petitioner is a person of clean antecedent and he is in custody since 01.09.2023.

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On the other hand, learned APP for the State, Mr. Shailendra Kumar opposes the prayer for bail.

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Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge, POCSO, Patna in connection with Special (POCSO) Case No. 319 of 2023 arising out of Digha P.S. Case No. 670 of 2023 subject to the following condition:-

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(i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

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(Nawneet Kumar Pandey, J)

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Guddu/-

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U T

Vikash Kumar Thakur v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vikash Kumar Thakur 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

Case details

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