Dismissed¶20

Sujeet Kumar v. The State of Bihar

Patna HC13 Aug 2024CR. MISC./20821/2024

Case brief

AI extract

What is this about?

Patna High Court Cr. Misc. No. 20821 of 2024, decided 13-08-2024 by Nawneet Kumar Pandey, J. Bail prayer of Sujeet Kumar rejected in Madhepura Mahila P.S. Case No. 35/2023 under Ss. 341, 323, 354, 376, 504, 511/34 IPC, Ss. 3/4 POCSO Act and S. 67B I.T. Act; minor girl victim; videos made viral; S. 164 Cr.P.C. statement corroborates; custody since 02.11.2023; informant Madhu Devi; APP Md. Shakir Ahmad; counsel Uday Chand Prasad.

What did the court decide?

Having heard the parties and considering the nature of the allegation, the court was not inclined to enlarge the petitioner on bail, and his prayer for bail was rejected. ¶20

Sujeet 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.20821 of 2024

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Arising Out of PS. Case No.-35 Year-2023 Thana- MAHILA P.S. District- Madhepura

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

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Sujeet Kumar S/o Madan Sharma R/o Vill - Rampuriya Basa, P.S. - Alam Nagar, Dist. - Madhepura

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... ... Petitioner/s

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Versus

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The State of Bihar

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Madhu Devi W/o Kuldip Sharma R/o Village - Purvi Kherho, Ward No. 16, P.S. - Puraini, Dist. - Madhepura

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Uday Chand Prasad, Adv. For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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5 13-08-2024

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

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The petitioner has prayed for bail in a case instituted for the offence under Sections 341, 323, 354, 376, 504, 511/34 of the Indian Penal Code, Sections ¾ of the POCSO Act and Section 67B of the I.T. Act.

¶16

As per prosecution case, the informant alleged that her minor daughter was playing in front of the house but did not return after some time. It is further alleged that the informant came to know that one Kalpana Devi took her daughter in her house, thereafter the informant went there and saw that the petitioner was trying to commit wrong with the informant’s daughter and made her videos viral.

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Patna High Court CR. MISC. No.20821 of 2024(5) dt.13-08-2024 2/2

¶18

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner and the brother of the informant is full brother-in-law (sadhu). There has been delay in lodging the present FIR. Petitioner is a person of clean antecedent and he is in custody since 02.11.2023.

¶19

Learned APP for the State and learned counsel for the informant have opposed the application for bail and submitted that petitioner is named in the FIR. They submitted that the victim is a minor girl and her statement has been recorded under Section 164 of the Cr.P.C. in which she specifically stated that this petitioner undressed her and tried to commit wrong. She further stated that the petitioner made her naked videos, which corroborates the prosecution case. During investigation several witnesses have also supported the prosecution case.

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Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

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(Nawneet Kumar Pandey, J)

¶22

Arish/- U T

Sujeet Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sujeet Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

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