Aditya Kumar Singh @ Aditya Kumar @ Mohan Vs the… — Child Sexual Offences (POCSO) | Patna HC (2024)

Aditya Kumar Singh @ Aditya Kumar @ Mohan Vs the… — Child Sexual Offences (POCSO) | Patna HC (2024)

What the court decided

AI extract

Outcome

Release on pre-arrest bail granted to both petitioners on their arrest or surrender before the Court below within four weeks, on bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions, to the satisfaction of the learned 7th Additional Sessions Judge cum Special Judge, POCSO Act, East Champaran, Motihari; the bail application stands disposed of.

Issue for consideration

Whether petitioners Aditya Kumar Singh @ Mohan and Budhan Singh @ Tripurari Singh are entitled to be released on pre-arrest bail in connection with Palanwa P.S. Case No. 200 of 2022 (offences under Sections 363A, 366A, 506/34 IPC and Section 8 of the POCSO Act).

Court's answer

Both petitioners are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned 7th Additional Sessions Judge cum Special Judge, POCSO Act, East Champaran, Motihari, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

Ground of the grant: the Court considered the rival submissions made on behalf of the parties together with the statement of the victim recorded under Section 164 Cr.P.C., in which she did not level any allegation against the petitioners.

Detailed headnote1 paragraphs

PATNA HIGH COURT | Criminal Miscellaneous No.62083 of 2023 (arising out of Palanwa P.S. Case No. 200 of 2022, Thana Palanwa, Dist. East Champaran) | Oral order dated 27-02-2024 | Single judge: Purnendu Singh, J | PRE-ARREST BAIL GRANTED - APPLICATION DISPOSED OF. Petitioners Aditya Kumar Singh @ Aditya Kumar @ Mohan and Budhan Singh @ Tripurari Singh sought pre-arrest bail for the offence punishable under Sections 363A, 366A and 506/34 of the Indian Penal Code and Section 8 of the POCSO Act. Per the F.I.R., the informant's 12-year-old minor daughter was alleged to have been kidnapped by the accused persons named therein; per the petitioners' counsel, she was recovered from Nepal, her Section 164 Cr.P.C. statement recorded nothing against the petitioners, the petitioners are respectively brother and father of the main accused Suraj Kumar Singh, and the allegation against the petitioners is general and omnibus. Having considered the rival submissions and the victim's Section 164 Cr.P.C. statement (in which she levelled no allegation against the petitioners), the Court directed release of both petitioners on pre-arrest bail on arrest or surrender before the Court below within four weeks, on bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned 7th Additional Sessions Judge cum Special Judge, POCSO Act, East Champaran, Motihari, subject to the conditions laid down under Section 438(2) of the Cr.P.C. No precedent was cited.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62083 of 2023

Arising Out of PS. Case No.-200 Year-2022 Thana- PALANWA District- East Champaran

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ADITYA KUMAR SINGH @ ADITYA KUMAR @ MOHAN SON OF BUDHAN SINGH @ TRIPURARI SINGH VILL LAUKARIYA (LAUKARIA), PS- PALANWA, DIST- EAST CHAMPARAN

BUDHAN SINGH @ TRIPURARI SINGH SON OF MEDANI SINGH VILL LAUKARIYA (LAUKARIA), PS- PALANWA, DIST- EAST CHAMPARAN

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate. For the Opposite Party/s : Mr.Prem Kumar Jha, APP.

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

3 27-02-2024

Heard Mr. Ajay Kumar Singh, learned counsel appearing on behalf of the petitioners and Mr. Prem Kumar Jha, learned APP for the State.

The petitioners seek pre-arrest bail in connection with Palanwa P.S. Case No. 200 of 2022 registered for the offence punishable under Sections 363A, 366A and 506/34 of the Indian Penal Code and Section 8 of the POCSO Act.

As per the allegation made in the F.I.R., the informant has alleged that his 12 years old minor daughter was kidnapped by the accused persons named therein.

Learned counsel appearing on behalf of the petitioners submitted that the daughter of the informant was recovered from Nepal and her statement under Section 164 Cr.P.C. was recorded wherein she has not alleged anything

Patna High Court CR. MISC. No.62083 of 2023(3) dt.27-02-2024 2/2

against the petitioners. Petitioner no.1 is the brother and petitioner no.2 is the father of the main accused Suraj Kumar Singh. The allegation levelled against the petitioners is general and omnibus.

Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

Having considered the rival submission made on behalf of the parties and the statement of the victim recorded under Section 164 Cr.P.C. wherein she has not alleged any allegation against the petitioners, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned 7^th Additional Sessions Judge cum Special Judge, POCSO Act, East Champaran, Motihari in connection with Palanwa P.S. Case No. 200 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

The bail application stands disposed of.

(Purnendu Singh, J)

mantreshwar/- U T