Allowed

Raushan Kumar v. the State of Bihar

Patna HC10 Sept 2024CR. MISC./60959/2024

Case brief

AI extract

What is this about?

Bail application under Sections 363, 366A, 376 IPC and POCSO provisions arising from alleged kidnapping of a minor. Court noted victim's statement that she left home voluntarily and married petitioner, considered custody period since 16.07.2024, and granted bail with sureties and attendance conditions.

What did the court decide?

Petitioner enlarged on bail on furnishing bail-bond of Rs.20,000 with two sureties of like amount, with condition of attending court on each date.

Raushan 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.60959 of 2024

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Arising Out of PS. Case No.-164 Year-2023 Thana- BIHTA District- Patna

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

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Raushan Kumar Son Of Sri Mintu Pandit Resident Of Village - Jahangirpur Salkhani, P.S. - Mahua, District -VAISHALI At Present Mahaveer Nagar, P.S. - Bihta, District - Patna

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... ... Petitioner

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Versus

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The State Of Bihar

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Gorakh Sao Son Of Om Prakash Sao Resident Of Mahabir Nagar Behind Bandhan Bank, P.S. - Bihta, District - Patna

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... ... Opposite Partys

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====================================================== Appearance : For the Petitioner : Mr. Ajay Kumar Thakur, Advocate Mrs.Vaishnavi Singh, Advocate Mr. Ritweik Kr. Thakur, Advocate For the Opposite Party : Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 10-09-2024 Heard learned counsel for the petitioner and learned

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A.P.P for the State.

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2. The petitioner has preferred this application for grant of regular bail in connection with Bihta P.S. Case No. 164/2023 dated 16.02.2023 registered for the offence punishable u/s 363 and 366A of the Indian Penal Code and subsequently section 376 of the IPC and Section 4/5, 4/6 of the POCSO were added.

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3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant.

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Patna High Court CR. MISC. No.60959 of 2024(2) dt.10-09-2024 2/3

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The victim in her statements recorded u/s 161 and 164 of the Cr.P.C. has stated that she left her house with her own will and she has started living with the petitioner. As per para. 21 of the case diary, the victim has stated that she has solemnized marriage with the petitioner. Learned counsel further submitted that the victim was not forced or seduced to have illicit intercourse with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 16.07.2024.

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5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the victim is a minor girl.

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6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Bihta P.S. Case No. 164/2023, with the condition ;-

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(i). The petitioner is directed to remain physically

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Patna High Court CR. MISC. No.60959 of 2024(2) dt.10-09-2024 3/3

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present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

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cause, the bail bond of the petitioner is liable to be cancelled.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)

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atul/-

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U T

Raushan Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Raushan Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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