Sandeep Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

Sandeep Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released if arrested or upon surrender before the learned trial court within six weeks, on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kurtha P.S. Case No. 89 of 2024, subject to the conditions laid down under Section 438 (2) of the Cr.P.C.

Issue for consideration

Whether anticipatory bail should be granted to petitioner Sandeep Kumar, who apprehends arrest in Kurtha P.S. Case No. 89 of 2024 registered for offences punishable under Sections 341, 323, 325, 308, 504, 506 and 34 of the IPC read with Sections 8 and 12 of the POCSO Act.

Court's answer

Considering the submissions made by learned counsel for the petitioner, the petitioner, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, is to be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 438 (2) of the Cr.P.C.

Ratio / Principle

The instant anticipatory bail application stands allowed.

Detailed headnote1 paragraphs

Anticipatory bail -- granted. Petitioner Sandeep Kumar apprehended arrest in Kurtha P.S. Case No. 89 of 2024 (Thana Kurtha, District Jehanabad) registered for offences punishable under Sections 341, 323, 325, 308, 504, 506 and 34 of the IPC read with Sections 8 and 12 of the POCSO Act. Counsel submitted the petitioner was falsely implicated; per the F.I.R. the thrust of the allegation is against Prabhansh, the petitioner's alleged role being that when the informant complained of Prabhansh's misconduct at a marriage on 06.03.2024, the petitioner did not act and rather abused and threatened him, the family having been implicated to coerce Prabhansh into submission. The learned A.P.P. opposed the prayer. Allowing the application (Satyavrat Verma, J.), the Court directed release on anticipatory bail upon arrest or surrender before the trial court within six weeks, on a Rs. 10,000/- bond with two sureties of the like amount, subject to Section 438 (2) Cr.P.C. conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60083 of 2024

Arising Out of PS. Case No.-89 Year-2024 Thana- KURTHA District- Jehanabad

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

Sandeep Kumar Son of Late Yashodanand Duvedi @ late yashoda Dubey Resident of Village - Kubri, P.O.- Narhi, P.S.- Kurtha, District - Arwal 804421

... ... Petitioner/s

Versus

The State of Bihar

Mahendra Dubey Son of Ramjatan Dubey Resident of Village - Kubri, P.S.Kurtha, District - Arwal.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Shivajee Singh For the Opposite Party/s : Mr. Yogendra Kumar ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 20-08-2024

Heard learned counsel for the petitioner and

learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 308, 504, 506 and 34 of the Indian Penal Code read with Sections 8 and 12 of the POCSO Act.

Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that his daughter on 06.03.2024 had gone to attend the marriage of daughter of Sitara Madam at 08:30 PM, further Prabhansh Mishra, nephew of Sitara Madam, started behaving inappropriately with his daughter, when informant objected,

Patna High Court CR. MISC. No.60083 of 2024(2) dt.20-08-2024 2/3

Prabhansh assaulted by lock on his head, further Alok also caught his hand and thereafter again he was assaulted, it is next alleged that when he complained to Sitara Madam and her son (petitioner) then petitioner abused and threatened.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that thrust of the allegation is against Prabhansh and as far as this petitioner is concerned, the allegation against him is that the informant complained about the misbehaviour of Prabhansh, but then he did not act rather threatened him. It is further submitted that the entire family members have been implicated in order to coerce Prabhansh into submission.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.60083 of 2024(2) dt.20-08-2024 3/3

each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kurtha P.S. Case No. 89 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J)

Rishabh/-

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