Allowed¶25

Banti Paswan v. The State Of Bihar

Patna HC6 Aug 2024CR. MISC./18688/2024

Case brief

AI extract

What is this about?

Regular bail granted; kidnapping of minor girl; IPC Sections 363, 366A, 506 with POCSO Act Section 8 charge-sheet; victim's Section 164 CrPC statement (taken to Delhi and Punjab; threat to make video viral); Nanpur P.S. Case No. 347/2023, Sitamarhi; petitioner in custody since 14.10.2023; one criminal antecedent; bail-bond Rs. 20,000 with two like sureties; Patna High Court Criminal Miscellaneous No. 18688 of 2024; Justice Chandra Prakash Singh; decided 06-08-2024.

What did the court decide?

Regular bail granted: petitioner to be enlarged on bail on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Sitamarhi, in connection with Nanpur P.S. Case No. 347/2023. ¶25

Banti Paswan 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, Banti Paswan, alleged to have kidnapped the minor daughter of the informant (Nanpur P.S. Case No. 347/2023; Sections 363, 366A and 506 IPC; charge-sheet under Section 8 of the POCSO Act), should be enlarged on regular bail.

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Court's answer

Considering the facts and circumstances of the case as well as the period of custody, the petitioner is directed to be enlarged on bail on furnishing a bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Sitamarhi, in connection with Nanpur P.S. Case No. 347/2023.

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Ratio / Principle

The bail application stands allowed.

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Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J.), oral order dated 06-08-2024 in Criminal Miscellaneous No. 18688 of 2024, arising out of Nanpur P.S. Case No. 347/2023, District Sitamarhi, registered for offences punishable under Sections 363, 366A and 506 of the Indian Penal Code with charge-sheet submitted under Section 8 of the POCSO Act. Petitioner Banti Paswan, alleged to have kidnapped the minor daughter of the informant (opposite party no. 2 Sangeeta Kumari) and, per the victim's statement recorded under Section 164 CrPC, to have taken her to Delhi and Punjab and threatened to make a video viral, was in custody since 14.10.2023 with one criminal antecedent. Considering the facts, circumstances and period of custody, and despite the prosecution's objection that the victim is a minor girl, the Court directed the petitioner's enlargement on regular bail on a bail-bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Sitamarhi. Application allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18688 of 2024

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Arising Out of PS. Case No.-347 Year-2023 Thana- NAANPUR District- Sitamarhi

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

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Banti Paswan Son of Chandrika Paswan R/O Village-Jaitpur ward no. 9, P.S.Pupri, Distt.-Sitamarhi

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... ... Petitioner/s

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Versus

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The State Of Bihar Patna

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Sangeeta Kumari W/o Manoranjan Thakur R/o vill - Janipur Tola Khopi, P.S. - Nanpur, distt. - Sitamarhi

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner : Mr. Ravi Ranjan, Advocate For the Opposite Party : Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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5 06-08-2024

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Heard learned counsel for the petitioner and

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learned A.P.P for the State.

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2. The petitioner has preferred this application for grant of regular bail in connection with Nanpur P.S. Case No. 347/2023 dated 15.07.2023 registered for the offence punishable u/s 363 and 366A and 506 of the Indian Penal Code and the charge-sheet was submitted u/s 8 of the POCSO Act.

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3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant.

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Patna High Court CR. MISC. No.18688 of 2024(5) dt.06-08-2024 2/3

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4. Learned counsel for the petitioner has submitted

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that the petitioner is innocent and has falsely been implicated in this case. The victim in her statement recorded u/s 164 of the Cr.P.C. has stated that the petitioner took the victim to Delhi and Punjab and thereafter the petitioner threatened her to make video viral. Learned counsel has submitted that the victim did not raise any alarm while she was taken to Delhi and Punjab which creates doubt upon the prosecution story. It is further submitted that the victim was not forced to have illicit intercourse or seduced with another person. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.10.2023.

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5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the victim is a minor girl.

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6. Considering the aforesaid facts and

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circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the

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Patna High Court CR. MISC. No.18688 of 2024(5) dt.06-08-2024 3/3

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satisfaction of learned Court concerned, Sitamarhi in connection with Nanpur P.S. Case No. 347/2023.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)

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atul/-

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U T

Banti Paswan v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Banti Paswan 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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