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

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

What the court decided

AI extract

Outcome

Prayer for regular bail allowed: petitioner to be released on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of learned Exclusive Special Judge (POCSO Act), or Concerned Court Below Darbhanga, in connection with POCSO Case No. 106 of 2023 arising out of Singhwara P.S. Case No. 69 of 2023.

Issue for consideration

Whether the petitioner, Jitendra Kumar Kamti, should be granted regular bail in POCSO Case No. 106 of 2023 arising out of Singhwara P.S. Case No. 69 of 2023.

Court's answer

Having considered the facts and circumstances of the case, the submissions of learned counsel for the parties and the period of custody, the Court directed that the petitioner be released on bail on furnishing bail bonds 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 Act) or the concerned court below, Darbhanga, in connection with POCSO Case No. 106 of 2023 arising out of Singhwara P.S. Case No. 69 of 2023.

Detailed headnote1 paragraphs

Bail granted. Patna High Court (Hon'ble Mr. Justice Sunil Dutta Mishra), by oral order dated 06-02-2024 in Criminal Miscellaneous No.71645 of 2023, allowed the prayer of Jitendra Kumar Kamti for regular bail in POCSO Case No. 106 of 2023 arising out of Singhwara P.S. Case No. 69 of 2023 (Thana Singhwara, District Darbhanga), registered for offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code, with Section 4 of the POCSO Act added later. Considering the facts and circumstances, submissions of counsel and period of custody, the petitioner was ordered released on bail bonds 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 Act) or the concerned court below, Darbhanga. Counsel had submitted that the charge-sheet was filed, the petitioner had no criminal antecedent, was in custody since 13.06.2023, and that the victim made no allegation against him in her Section 164 Cr.P.C. statement; the learned APP opposed the bail prayer. No precedent was cited.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71645 of 2023

Arising Out of PS. Case No.-69 Year-2023 Thana- SINGHWARA District- Darbhanga

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Jitendra Kumar Kamti S/o- Naresh Kamti R/o- Kori Gama Ps- Baheri DistDarbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Prashant Kumar Choudhary, Advocate For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP

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CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

3 06-02-2024

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

The petitioner seeks regular bail in connection with POCSO Case No. 106 of 2023 arising out of Singhwara P.S. Case No. 69 of 2023, registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code and later on Section 4 of the POCSO Act has been added.

As per the prosecution case, on the date of occurrence the daughter of informant had gone to her friend but

Patna High Court CR. MISC. No.71645 of 2023(3) dt.06-02-2024 2/3

she did not return. On query, the friend of his daughter told that his daughter has already left the place. During search the informant came to know that one Ashish Kumar has enticed away his daughter with intention to marry with her.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case and has not committed any offence. He further submits that the victim girl has not made any allegation against petitioner in her statement under Section 164 Cr. P.C. He also submits that the victim with her own sweet will wants to marry with the petitioner. He further submits that charge-sheet has already been submitted against the petitioner in this case and he undertakes to co-operate with the trial. He also submits that the petitioner has no criminal antecedent and he is in jail custody since 13.06.2023.

Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case and the submissions of learned counsel for the parties and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.71645 of 2023(3) dt.06-02-2024 3/3

satisfaction of learned Exclusive Special Judge (POCSO Act), or Concerned Court Below Darbhanga in connection with POCSO Case No. 106 of 2023 arising out of Singhwara P.S. Case No. 69 of 2023.

(Sunil Dutta Mishra, J)

ashishkr/-

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