Allowed¶19

Rohit Kumar @Susant Sharma v. The State of Bihar

Patna HC11 Jul 2024CR. MISC./24682/2024

Case brief

AI extract

What is this about?

Bail; enticement/minor; Sections-363, 366(A) IPC; Section-164 Cr.P.C.; POCSO Special Judge Patna; Special Case No. 272 of 2023; P.S. Case No. 486 of 2023, Buddha Colony, Patna; victim's medical age 17-19 years; hostile Section-164 statement; bail bond Rs. 10,000 with two sureties; Patna High Court; CRL.M. No.24682 of 2024; Justice Nawneet Kumar Pandey; decided 11-07-2024.

What did the court decide?

Bail allowed: petitioner to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-VIth-cum-Special Judge, POCSO, Patna in connection with Special Case No. 272 of 2023, with the condition that the petitioner shall cooperate with the trial and make himself available as and when required by the court. ¶19

Rohit Kumar @Susant Sharma Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner Rohit Kumar @Susant Sharma, booked under Sections 363 and 366(A) of the Indian Penal Code, should be released on bail.

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Court's answer

Considering the facts and circumstances (including the victim's Section-164 Cr.P.C. statement not supporting the prosecution and her medically assessed age of 17-19 years), the court ordered the petitioner to be released on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-VIth-cum-Special Judge, POCSO, Patna, in connection with Special Case No. 272 of 2023, conditioned on the petitioner cooperating with the trial and making himself available as and when required by the court.

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Detailed headnote1 paragraphs

Bail granted (oral order dated 11-07-2024, High Court of Judicature at Patna, Nawneet Kumar Pandey, J., Criminal Miscellaneous No.24682 of 2024): petitioner Rohit Kumar @Susant Sharma, booked under Sections-363 and 366(A) IPC in P.S. Case No. 486 of 2023, Buddha Colony P.S., Patna, for allegedly enticing away the informant's minor daughter who had messaged that she had solemnized marriage, was released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Additional Sessions Judge-VIth-cum-Special Judge, POCSO, Patna, in connection with Special Case No. 272 of 2023, subject to cooperation with the trial. Defence relied on the victim's Section-164 Cr.P.C. statement not supporting the prosecution and her medical age of 17-19 years; the Additional P.P. opposed bail.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24682 of 2024

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Arising Out of PS. Case No.-486 Year-2023 Thana- BUDDHACOLONY District- Patna

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

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Rohit Kumar @Susant Sharma Son of Mahendra Sharma Resident Of Village- North Mandiri Near Puspanjali Apartment, Ps- Budha Colony, DistPatna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Jyoti Kumari For the Opposite Party/s : Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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4 11-07-2024

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

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The petitioner seeks bail in a case registered for the offence punishable under Sections-363, 366(A) of the Indian Penal Code.

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Allegedly, on 03-08-2023, the informant’s minor daughter went to Bankipur Girls School for reading. On the same day, she forwarded a message by her mobile to the informant that she had solemnized marriage. The informant suspected that the petitioner enticed away the informant’s minor daughter as a result of which, she has solemnized the marriage.

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Learned counsel for the petitioner has submitted that the victim in her statement recorded under Section-164 of

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Patna High Court CR. MISC. No.24682 of 2024(4) dt.11-07-2024 2/2

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the Cr.P.C. did not support the prosecution case. She has specifically stated that she went with the petitioner as per her own sweet will. She was in love with the petitioner. The age of the victim as per medical report is 17-19 years which shows that she is at the verge of attaining majority.

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On the otherhand, learned Additional P.P. has opposed the prayer for bail.

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Considering the aforesaid facts and circumstances, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIth-cum-Special Judge, POCSO, Patna in connection with Special Case No. 272 of 2023 with condition that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court.

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(Nawneet Kumar Pandey, J)

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A.K.V.//-

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U T

Rohit Kumar @Susant Sharma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rohit Kumar @Susant Sharma 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

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