Allowed

Vikash Patel v. The State of Bihar

Patna HC10 Apr 2024CR. MISC./5389/2024

Case brief

AI extract

What is this about?

Regular bail sought in a kidnapping and POCSO case alleging abduction for human trafficking. The victim's Section 164 Cr.P.C. statement denied the prosecution case, stating she married the petitioner voluntarily. Considering her statement, custody since 2022, and filing of chargesheet, bail was granted on furnishing bonds with two sureties.

What did the court decide?

Petitioner released on bail on furnishing bail-bond of Rs. 10,000 with two sureties of like amount to the satisfaction of the Special Judge (POCSO), West Champaran, Bettiah.

Vikash Patel 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.5389 of 2024

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Arising Out of PS. Case No.-315 Year-2022 Thana- SIKARPUR District- West Champaran

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Vikash Patel S/O Jinda Patel Village- Mangrahi, Ps. Shikarpur, Dist. West Champaran.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Musmat Laxmi Devi W/O Rajendra Chaudhary Village- Mangrahi, Ps. Shikarpur, Dist. West Champaran-845451

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... ... Opposite Party/s

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

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Appearance : For the Petitioner/s : Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 10-04-2024 Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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Petitioner seeks regular bail in connection with Shikarpur P. S. Case No. 315/2022 in a case registered for the offences punishable under Sections 363, 366/34 of the Indian Penal Code and Sections 8 and 12 of the Protection of Children from Sexual Offences Act.

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As per the prosecution case, this petitioner along with other F.I.R. named accused persons kidnapped the daughter of the informant for human trafficking.

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Learned counsel for the petitioner submits that the victim in her statement recorded under Section 164 Cr.P.C. has

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Patna High Court CR. MISC. No.5389 of 2024(4) dt.10-04-2024 2/2

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denied the prosecution case and has stated that she was in love with this petitioner from last two years and she voluntarily left the house and solemnized marriage with the petitioner and both are living together as husband and wife. Age of the victim is assessed as 18 years. Chargesheet has already been submitted against the petitioner. Petitioner is in custody since 23.08.2022.

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Learned A.P.P. for the State vehemently opposes the bail application.

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Considering the statement of the victim recorded under Section 164 Cr.P.C., period of custody and the fact that chargesheet has been submitted, the bail application is allowed. Let the above named petitioner 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 Additional District & Sessions Judge- VII cum Special Judge (POCSO), West Champaran, Bettiah in connection with Shikarpur P. S. Case No. 315 of 2022 corresponding to S.T. No. 150 of 2022/CIS No. 150 of 2022.

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(Prabhat Kumar Singh, J)

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Navya/-

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U T

Vikash Patel v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vikash Patel v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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