Allowed¶20

Deepak Kumar v. The State of Bihar

Patna HC23 Apr 2024CR. MISC./17275/2024

Case brief

AI extract

What is this about?

Deepak Kumar v. The State of Bihar, Patna High Court, CRIMINAL MISCELLANEOUS No.17275 of 2024, decided 23-04-2024 by Ramesh Chand Malviya, J. — regular bail granted in a POCSO/IPC S.366A abduction case from Budhuchak P.S., Bhagalpur (PS Case No. 121 of 2023); decisive factors: victim's admission of voluntarily accompanying the petitioner and absence of any sexual-assault allegation in her Section 164 Cr.P.C statement; bail fixed at Rs. 10,000/- with two like sureties.

What did the court decide?

Regular bail granted; petitioner to be released on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Exclusive Spl Judge (POCSO)-cum-7th Additional District & Sessions Judge, Bhagalpur. ¶20

Deepak Kumar 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.17275 of 2024

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Arising Out of PS. Case No.-121 Year-2023 Thana- BUDHUCHAK District- Bhagalpur

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

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Deepak Kumar Son of Rajendra Mandal Resident of vill.-Mohanpur, P.S.Pirpainity, Distt.-Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rajive Ranjan Singh For the Opposite Party/s : Mr.Binod Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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3 23-04-2024

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner is in custody in connection with Budhuchak P.S Case No. 121 of 2023 registered for the offences punishable under Sections 366A of the I.P.C and Section 8 of POCSO Act.

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As per prosecution case, it is a case of abduction of the minor daughter of the informant.

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Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner has got no criminal antecedent. It is also submitted that petitioner is in judicial

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Patna High Court CR. MISC. No.17275 of 2024(3) dt.23-04-2024 2/2

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custody since 13.12.2023.

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However, learned APP for the State oppose the prayer for regular bail of the petitioner.

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On perusal of the FIR, case diary, statements of the victim, impugned order it appears that victim has admitted that she voluntarily went with the petitioner, in her statement under Section 164 Cr.P.C there is no allegation of sexual assault against the petitioner and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner 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 Exclusive Spl Judge (POCSO)-cum 7^th Additional District & Sessions Judge, Bhagalpur in connection with Budhuchak P.S Case No. 121 of 2023.

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Mayank/-

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U T

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(Ramesh Chand Malviya, J)

Deepak Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Deepak Kumar v. The State of Bihar

Case brief

What is this about?

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