Allowed

Sudarsan Bind v. The State of Bihar

Patna HC5 Jul 2024CR. MISC./13121/2024

Case brief

AI extract

What is this about?

Regular bail application by two accused in a POCSO case involving alleged molestation and attempted rape at gunpoint. Considering custody period since November 2023, absence of TIP, and bail to a co-accused, the High Court granted bail on furnishing bonds of Rs.20,000 each with two sureties.

What did the court decide?

Petitioners enlarged on bail on bond of Rs.20,000 each with two sureties of like amount to the satisfaction of the court concerned, Kaimur at Bhabua.

Sudarsan Bind 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.13121 of 2024

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Arising Out of PS. Case No.-1058 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua)

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

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Sudarsan Bind S/O Laljee Bind R/O VILLAGE- MAMHAN, PS.BHABUA, DIST.- KAIMUR AT BHABUA.

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LAVKUSH BIND S/O RAMDAYAL BIND R/O VILLAGE- MAMHAN, PS.- BHABUA, DIST.- KAIMUR AT BHABUA.

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... ... Petitioner/s

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Versus

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The State of Bihar BIHAR

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rajani Kant Pandey, Adv. For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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5 05-07-2024 Heard learned counsel for the petitioners and learned

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A.P.P for the State.

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2 . The petitioners have preferred this application for grant of regular bail in connection with Bhabhua P.S. Case No. 1058 of 2023 dated 22.11.2023 registered for the offence/s punishable u/ss 341, 323, 504, 506, 376, 511 read with section 34 of the Indian Penal Code and sections 8 and 12 of the POCSO Act.

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3 . As per the prosecution case, on 22.11.2023 at 6.00 A.M., while the informant along with her cousin brother was returning to the village of her uncle (Mausa), on the way, the petitioner and three co-accused persons caught them and

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Patna High Court CR. MISC. No.13121 of 2024(5) dt.05-07-2024 2/3

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assaulted her cousin brother and also took the informant into canal and starting molesting her. Out of four accused persons, one accused person pointed pistol on her and asked her to undress, otherwise she would be killed. When her cousin brother raised hulla, nearby people came there. Thereafter, all the accused persons started fleeing away but the petitioner no. 1 was apprehended and disclosed the name of the other accused persons.

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4 . Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. No TIP has been conducted by the prosecution till date. There is no statutory compliance of sections 53A and 164A of the Cr.P.C. Similarly situated coaccused has already been granted bail by this court vide order dated 08.05.2024 passed in Cr. Misc. No. 7066 of 2024. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 23.11.2023.

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5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

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6 . Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing

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Patna High Court CR. MISC. No.13121 of 2024(5) dt.05-07-2024 3/3

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bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Kaimur at Bhabua in connection with

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Bhabhua P.S. Case No. 1058 of 2023.

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7 . The application stands allowed.

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(Chandra Prakash Singh, J)

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guddukr/-

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U T

Sudarsan Bind v. The State of Bihar

Case brief

What is this about?

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Sudarsan Bind v. The State of Bihar

Case brief

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