Jitendra Thakur @ Mushkil Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

Jitendra Thakur @ Mushkil Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, in the event of his arrest or surrender before the Court below within six weeks, to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge VIcum-Special Judge, POCSO Act, Supaul, in connection with Supaul PS case no. 204 of 2022, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether the petitioner, arraigned in Supaul PS Case No. 204 of 2022 for offences punishable under Section 366A and other allied sections of the Indian Penal Code and Section 4 of the POCSO Act, is entitled to anticipatory bail.

Court's answer

Regard being had to the submissions of the parties, and taking into consideration the statement of the victim girl recorded under Section 164 Cr.P.C. and the fact that she was already major at the time of filing of the criminal writ application by her, the Court was inclined to grant the privilege of anticipatory bail to the petitioner.

Ratio / Principle

The anticipatory bail application is allowed; in the event of arrest or surrender before the Court below within six weeks, the petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge VIcum-Special Judge, POCSO Act, Supaul, in connection with Supaul PS case no. 204 of 2022, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Anticipatory bail - Offences under Section 366A IPC (allied sections) and Section 4 POCSO Act arising out of Supaul PS Case No. 204 of 2022 - Allegation that petitioner, on instigation of Rupam Devi, allured the informant's minor daughter and, on 21.02.2022, kidnapped her along with other co-accused - Victim girl filed Cr.W.J.C. No. 1393 of 2022; her statement under Section 164 Cr.P.C. recorded pursuant to order dated 15.12.2022 of this Court did not support the FIR and stated she went with the petitioner voluntarily and solemnized marriage on her own will and volition - Victim already major at the time of filing the writ application - Held: anticipatory bail granted; petitioner, if arrested or surrendering within six weeks, to be released on bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge VIcum-Special Judge, POCSO Act, Supaul, subject to Section 438(2) CrPC conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71112 of 2024

Arising Out of PS. Case No.-204 Year-2022 Thana- SUPAUL District- Supaul

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

Jitendra Thakur @ Mushkil Son of Sri Sudhir Thakur @ Anil Thakur Resident of Village- Karnpur, Ward No.8, P. S.- Sadar Supaul District- Supaul

... ... Petitioner/s

Versus

The State of Bihar

Pashupati Thakur @ Bam Bam Thakur Son of Late Nasib Thakur R/O Vill.Karnpur, Ward no. 07, P.S.- Supaul, Dist.- Supaul.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Bipin Kumar, Advocate For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 12-11-2024

Heard learned Counsel for the petitioner and learned APP for the State.

This application, for grant of anticipatory bail, arises out of Supaul PS case no. 204 of 2022, disclosing offences punishable under Section 366A and other allied sections of the Indian Penal Code and Section 4 of POCSO Act.

The prosecution story, as per the First Information

Report, is that the daughter of the informant used to go to the house of her neighbour Rupam Devi for learning stitching. It is alleged that on the instigation of said Rupam Devi, informant’s daughter came in contact with her brother-in-law i.e. the petitioner herein, who allured the minor daughter of the

Patna High Court CR. MISC. No.71112 of 2024(2) dt.12-11-2024 2/3

informant. It is further alleged that on 21.02.2022, on the occasion of Gauna of the elder daughter of informant, petitioner along with other co-accused persons kidnapped the minor daughter of the informant.

Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case due to the fact that petitioner and victim girl was having love relationship and had solemnized marriage as the victim was matured enough to take her own decision. The statement of the victim girl was recorded under Section 164 Cr.P.C., as per the order dated 15.12.2022, passed by this Court in Cr.W.J.C. No. 1393 of 2022, filed by the victim girl, in which she has not supported the version of F.I.R. and has stated that she went with the petitioner voluntarily and has solemnized marriage with him on her own will and volition. He also submits that the victim girl was already major at the time of filing of Cr.W.J.C. No. 1393 of 2022.

Regard being had to the submissions made on behalf of the parties and taking into consideration the statement of the victim girl recorded under Section 164 Cr.P.C. and the fact that at the time of filing of criminal writ application by the victim girl, she was already major, I am inclined to grant the

Patna High Court CR. MISC. No.71112 of 2024(2) dt.12-11-2024 3/3

privilege of anticipatory bail to the petitioner.

This application is, accordingly, allowed.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge VIcum-Special Judge, POCSO Act, Supaul in connection with Supaul PS case no. 204 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J)

rinkee/-