Dismissed¶27

Ful Kumar v. the State of Bihar

Patna HC20 Nov 2024CR. MISC./57236/2024

Case brief

AI extract

What is this about?

Bail rejection; POCSO Act Ss. 3, 4, 5, 7; IPC Ss. 366A, 376, 34; alleged rape of complainant's daughter; complaint dated 06.03.2024 before ADJ VI-cum-Special Judge (POCSO), Purnea; referral under S. 156(3) Cr.P.C.; charge-sheet filed; victim's S. 164 Cr.P.C. statement corroborated prosecution; petitioner in custody since 20.05.2024; trial to be expedited; PS Case No. 20/2024, P.S. Champanagar, Purnia; Patna High Court; Justice Rudra Prakash Mishra.

What did the court decide?

Considering the facts and circumstances of the case and the statement of the victim recorded under Section 164 of the Cr.P.C., the Court was not inclined to grant bail to the petitioner. ¶23

Ful 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.57236 of 2024

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Arising Out of PS. Case No.-20 Year-2024 Thana- Champanagar District- Purnia

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FUL KUMAR S/O MAHAVIR MAHTO R/O VILLAGE- PRASADPUR, WARD NO. 5, P.S- CHAMPANAGAR, DISTT.- PURNEA.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR

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FULA DEVI W/O RAJESH MAHTO R/O VILLAGE- PRASADPUR, BELDARI, WARD NO. 5, P.S.- CHAMPANAGAR, DIST- PURNEA

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... ... Opposite Party/s

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Appearance : For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. Rajendra Singh, APP For the Informant : Mr. Bidhu Ranjan, Advocate

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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4 20-11-2024

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Heard learned counsel for the petitioner, learned APP

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for the State and learned counsel for the informant.

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The petitioner seeks bail in connection with instituted for the offences under Sections 366A, 376, 34 of the Indian Penal Code and 3, 4, 5, 7 of the POCSO Act.

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Prosecution case, in short, is that the accused persons including the petitioner committed rape upon the daughter of the complainant/informant.

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Patna High Court CR. MISC. No.57236 of 2024(4) dt.20-11-2024 2/3

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Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that complainant filed a complaint case before the learned ADJ VI-cum-Special Judge, POCSO Act, Purnea on 06.03.2024 and, later on, referred to the police under Section 156(3) of the Cr.P.C. Learned counsel further submitted that prosecution case is completely false and the medical report of the victim also does not support the allegation as levelled in the complainant petition. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.05.2024 and has no criminal antecedent.

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel further submitted that paragraph no. 5 of the complaint specifically states the allegation against the petitioner. Learned counsel further submitted that victim, in her statement recorded under Section 164 of the Cr.P.C. has specifically corroborated the case of the prosecution.

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Considering the aforesaid facts and circumstances of the case, statement of the victim recorded under Section 164 of the Cr.P.C., this Court is not inclined to grant bail to the

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Patna High Court CR. MISC. No.57236 of 2024(4) dt.20-11-2024 3/3

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petitioner.

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