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

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Patna HC
2024
Pintu Kumar Vs The State of BiharPintu Kumar v. The State of Bihar

Allowed¶23

Pintu Kumar v. The State of Bihar

Patna HC16 Apr 2024CR. MISC./6407/2024

Case brief

AI extract

What is this about?

Pintu Kumar v. The State of Bihar, High Court of Judicature at Patna, CRIMINAL MISCELLANEOUS No.6407 of 2024 (decided 16-04-2024, Partha Sarthy, J.). Regular bail allowed arising out of Gopalpur P.S. Case No.443 of 2023, Thana Gopalpur, District Bhagalpur, registered under sections 363 and 366A IPC and section 8 POCSO Act; alleged disappearance of the informant's 17-year-old minor daughter; her section 164 Cr.P.C. statement recorded that she went with the petitioner of her own free will; petitioner in custody seven months since 13.9.2023; released on Rs. 10,000 bond with two like sureties to the Exclusive Special Judge (POCSO)-cum-Additional District and Sessions Judge-7th, Bhagalpur. Advocates: Dhananjay Kumar Pandey (petitioner), Damodar Prasad Tiwary APP (State), Sunil Kumar Singh (informant). Keywords: regular bail, POCSO, 366A IPC, 164 CrPC statement, seven months custody, elopement/kidnapping, Bhagalpur.

What did the court decide?

Petitioner enlarged on regular bail in Gopalpur P.S. Case No. 443 of 2023 upon furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge (POCSO)-cum-Additional District and Sessions Judge-7th, Bhagalpur. ¶23

Why is it important?

In deciding the bail application the court took into consideration the allegation in the F.I.R., the material that had transpired in course of investigation — especially the contents of the informant's daughter's statement under section 164 Cr.P.C. — and that the petitioner had remained in custody for seven months since 13.9.2023. ¶23

What the court decided

AI extract

Outcome

Petitioner enlarged on regular bail in Gopalpur P.S. Case No. 443 of 2023 upon furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge (POCSO)-cum-Additional District and Sessions Judge-7th, Bhagalpur.

Issue for consideration

Whether the petitioner should be granted regular bail in connection with Gopalpur P.S. Case No. 443 of 2023 (District Bhagalpur), registered under sections 363 and 366A IPC and section 8 POCSO Act.

Court's answer

In deciding the bail application the court took into consideration the allegation in the F.I.R., the material that had transpired in course of investigation — especially the contents of the informant's daughter's statement under section 164 Cr.P.C. — and that the petitioner had remained in custody for seven months since 13.9.2023.

Ratio / Principle

On that basis the petitioner is directed to be enlarged on bail in Gopalpur P.S. Case no. 443 of 2023 on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge (POCSO)-cum-Additional District and Sessions Judge-7th, Bhagalpur.

Detailed headnote1 paragraphs

Regular bail granted — Gopalpur P.S. Case No. 443 of 2023, District Bhagalpur (ss.363, 366A IPC; s.8 POCSO Act) — informant's 17-year-old daughter went for coaching and disappeared; petitioner allegedly informed that she was with him and threatened the informant — girl returned and, per her s.164 Cr.P.C. statement, said she went with the petitioner of her own free will — weighing the F.I.R. allegation, investigation material including the s.164 statement, and the petitioner's custody of seven months since 13.9.2023, the court directed his enlargement on bail on a bond of Rs. 10,000 with two sureties of like amount each before the Exclusive Special Judge (POCSO)-cum-Additional District and Sessions Judge-7th, Bhagalpur — (Partha Sarthy, J.) [16-04-2024]

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6407 of 2024

Arising Out of PS. Case No.-443 Year-2023 Thana- GOPALPUR District- Bhagalpur

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

Pintu Kumar S/O DOMAN DAS VILLAGE- BHALUAR, PS. AMARPUR, DIST. BANKA.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Pandey, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP For the Informant : Mr. Sunil Kumar Singh, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL ORDER

3 16-04-2024

Heard learned counsel for the petitioner, learned

APP for the State and learned counsel for the informant.

The petitioner has preferred this application for grant of regular bail in connection with Gopalpur P.S. Case no. 443 of 2023 registered under sections 363 and 366A of the Indian Penal Code and section 8 of the POCSO Act.

As per the prosecution case, the informant states that his 17 year old minor daughter who had gone for coaching disappeared and was not to be found inspite of search. Subsequently on inquiry the informant states that the petitioner informed that his daughter was with him. He threatened that if a case was lodged, he would not see his daughter again.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The daughter of the informant returned and her statement was recorded under

Patna High Court CR. MISC. No.6407 of 2024(3) dt.16-04-2024 2/2

section 164 Cr.P.C wherein she stated that she went with the petitioner out of her own free will. They married. It is submitted that even accepting the date of birth of the informant’s daughter to be 7.6.2006, her age is about 18 years now. The petitioner is in custody since 13.9.2023 and has no criminal antecedent.

The application for bail is opposed by learned APP for the State and learned counsel for the informant.

Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R, the material that has transpired in course of investigation especially the contents of the statement of the informant’s daughter under section 164 Cr.P.C and the petitioner having remained in custody for seven months since 13.9.2023, the petitioner is directed to be enlarged on bail in connection with Gopalpur P.S. Case no. 443 of 2023, on furnishing bail bond of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (POCSO)-cum-Additional District and Sessions Judge- 7^th , Bhagalpur.

(Partha Sarthy, J)

Harsh/- U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner should be granted regular bail in connection with Gopalpur P.S. Case No. 443 of 2023 (District Bhagalpur), registered under sections 363 and 366A IPC and section 8 POCSO Act.¶17
The court held
In deciding the bail application the court took into consideration the allegation in the F.I.R., the material that had transpired in course of investigation — especially the contents of the informant's daughter's statement under section 164 Cr.P.C. — and that the petitioner had remained in custody for seven months since 13.9.2023.ratio¶23

Statutes considered

4 provisions across 3 enactments

AI extract

Indian Penal Code363¶17 366A¶17
POCSO Act8¶17
Cr.P.C.164¶23

Procedural history

How this case reached the court

AI extract

Prior proceeding
Registration of FIR as Gopalpur P.S. Case no. 443 of 2023 (District Bhagalpur) under sections 363 and 366A IPC and section 8 POCSO Act.¶17
Prior proceeding
Recording of the informant's daughter's statement under section 164 Cr.P.C., in which she stated she went with the petitioner of her own free will.¶21
Prior proceeding
Petitioner in custody for seven months since 13.9.2023, as noted by the court.¶23

Parties & counsel

AI extract

petitioner
Pintu Kumar S/O DOMAN DAS VILLAGE- BHALUAR, PS. AMARPUR, DIST. BANKA.¶4
Mr. Dhananjay Kumar Pandey
respondent
The State of Bihar¶7
Mr. Damodar Prasad Tiwary
other
Informant¶11
Mr. Sunil Kumar Singh

Coram

AI extract

Partha Sarthyauthor¶12

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 16 Apr 2024 · April
Registered: 24 Jan 2024
Case no.: CR. MISC./6407/2024
CNR: BRHC010045032024
Topic: Child Sexual Offences (POCSO)
Bench: Partha Sarthy
Disposal: BAIL GRANTED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Pintu Kumar v. The State of Bihar, CR. MISC./6407/2024 (PAT), decided on 16 April 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes4

Indian Penal Code363 · 366A
POCSO Act8
Cr.P.C.164

View all statutes

Procedural history3

Registration of FIR as Gopalpur P.S. Case no. 443 of 2023 (District Bhagalpur) under sections 363 and 366A IPC and section 8 POCSO Act.
Recording of the informant's daughter's statement under section 164 Cr.P.C., in which she stated she went with the petitioner of her own free will.

View full history

Bench / Coram

Partha Sarthy

Parties & counsel