Allowed¶26

Raja Babu @ Raja Kumar @ Rider v. The State of Bihar

Patna HC24 Jun 2024CR. MISC./7081/2024

Case brief

AI extract

What is this about?

Bail granted; kidnapping charges IPC 366/363/366(A); POCSO court Patna; victim consented to marriage; Section 164 Cr.P.C. statement denies kidnapping and sexual assault; compromise petition filed; custody since 01.04.2023; one criminal antecedent; bail bond Rs. 20,000/- with two sureties of like amount each; application allowed.

What did the court decide?

Petitioner to be enlarged on bail upon furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned VIIth Additional District and Sessions Judge-cum-Exclusive Special Court (POCSO Act), Patna, in connection with Special POCSO Case No. 157 of 2023 corresponding to Malsalami P.S. Case No. 13 of 2016. ¶26

Raja Babu @ Raja Kumar @ Rider Vs The State of… — Child Sexual Offences (POCSO) | Patna HC (2024)

What the court decided

AI extract

Outcome

¶26

Issue for consideration

Whether the petitioner, charged under Sections 366, 363 and 366(A) of the I.P.C. in Special POCSO Case No. 157 of 2023 (Malsalami P.S. Case No. 13 of 2016) and held in custody since 01.04.2023, should be enlarged on bail.

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Court's answer

Considering the facts and circumstances of the case and the period of custody, the court decided to enlarge the petitioner on bail on furnishing a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned VII Additional District and Sessions Judge-cum-Exclusive Special Court (POCSO Act), Patna, and the application stands allowed.

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Detailed headnote1 paragraphs

Bail granted - Criminal Miscellaneous No. 7081 of 2024, decided 24-06-2024 (Chandra Prakash Singh, J): petitioner Raja Babu @ Raja Kumar @ Rider, in custody since 01.04.2023 in Special POCSO Case No. 157 of 2023 arising out of Malsalami P.S. Case No. 13 of 2016 dated 13.01.2016, offences punishable under Sections 366, 363 and 366(A) of the I.P.C. (alleged kidnapping of the informant Rajesh Prasad's minor daughter). Victim recovered; her Section 164 Cr.P.C. statement records that no one kidnapped her, that she went with the petitioner of her own will, solemnised marriage in a temple, wishes to live with him, and states nothing about sexual assault; compromise petition filed in court below; one criminal antecedent disclosed. Court granted bail on facts, circumstances and period of custody: bail bond Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, satisfaction of learned VII Additional District and Sessions Judge-cum-Exclusive Special Court (POCSO Act), Patna. Application stands allowed. Opposite party no. 2 absent (refused notice); State represented by A.P.P.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7081 of 2024

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Arising Out of PS. Case No.-13 Year-2016 Thana- MALSALAMI District- Patna

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

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Raja Babu @ Raja Kumar @ Rider, (Male), aged about 22 years, Son of Sri Baudhuji @ Vinod Prasad, Resident of Bhaisani Tola, P.S.-Malsalami, Distt.Patna.

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... ... Petitioner

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Versus

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The State of Bihar

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Rajesh Prasad, S/o- Sri Kailash Prasad, R/o- Bhaisani Tola, P.S.- Malsalmi, Distt.- Patna.

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... ... Opposite Parties

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====================================================== Appearance : For the Petitioner : Mr. Kaushal Kumar, Advocate For the O.P. No. 2 : None. For the State : Mrs. Sharda Kumari, A.P.P.

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

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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4 24-06-2024

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This matter has been listed under the heading ‘For Orders (on office notes)”.

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Heard learned counsel for the petitioner and learned A.P.P. for the State. No one appears for the opposite party no. 2 as he refused to receive the notice.

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The petitioner seeks bail in connection with Special POCSO Case No. 157 of 2023, corresponding to Malsalami P.S. Case No. 13 of 2016 dated 13.01.2016 registered for the offences punishable under Sections 366, 363 and 366(A) of the I.P.C.

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As per the prosecution case, the petitioner and other accused persons are alleged to have kidnapped the minor

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Patna High Court CR. MISC. No.7081 of 2024(4) dt.24-06-2024 2/3

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daughter of the informant.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the victim has been recovered and her statement under Section 164 of the Cr.P.C. has been recorded in which she has stated that no one has kidnapped her and she went with the petitioner out of her own will and solemnized marriage with the petitioner in a temple and she wants to live with the petitioner. It is further submitted that a compromise petition has already been filed by the petitioner and the victim girl in the court below. It is further submitted that the victim in her statement has not stated anything about sexual assault against the petitioner. The petitioner has one criminal antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 01.04.2023.

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Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, 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 VII^th

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Patna High Court CR. MISC. No.7081 of 2024(4) dt.24-06-2024 3/3

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Additional District and Sessions Judge-cum-Exclusive Special Court (POCSO Act), Patna in connection with Special POCSO Case No. 157 of 2023, corresponding to Malsalami P.S. Case No. 13 of 2016.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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U.K./- U T

Raja Babu @ Raja Kumar @ Rider v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Raja Babu @ Raja Kumar @ Rider v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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