Faruq @ Farukh Khan Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

Faruq @ Farukh Khan Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on arrest or surrender before the Court below within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge VI-cum-Special Judge (POCSO) Act, Sitamarhi, subject to conditions under Section 438(2) CrPC.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner (Faruq @ Farukh Khan) in connection with complaint case no. C 1-1102 of 2021, registered under Sections 451, 354(B), 366(A)/511 of the Indian Penal Code and Section 8 of POCSO Act.

Court's answer

The Court granted anticipatory bail to the petitioner, taking into account that the parties are co-sharers and neighbours with a family dispute, that the FIR lodged by the petitioner's side is prior in time to the present complaint, and that similarly situated co-accused persons have been granted anticipatory bail in Cr. Misc. no. 25504 of 2023 and Cr. Misc. no. 66180 of 2022.

Ratio / Principle

On the application being allowed, the petitioner is to be released on bail, if arrested or if he surrenders before the Court below within four weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge VI-cum-Special Judge (POCSO) Act, Sitamarhi, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Anticipatory bail — granted. Petitioner, accused in complaint case no. C 1-1102 of 2021 (Sitamarhi) under Sections 451, 354(B), 366(A)/511 IPC and Section 8 POCSO Act for allegedly entering the complainant's house, lifting her 16-year-old daughter in his lap and outraging her modesty while searching for her brother-in-law, was held entitled to anticipatory bail. Grounds: (i) the parties are co-sharers and neighbours and there is a family dispute between them; (ii) the FIR lodged by the petitioner's side (Bathnaha PS case no. 286 of 2021, dated 09.11.2021, over kidnapping of the daughter of co-accused Neyaz Khan) is prior in time to the present complaint filed on 15.11.2021 for an occurrence of 03.11.2021; and (iii) similarly situated co-accused have already been granted anticipatory bail by this Court in Cr. Misc. no. 25504 of 2023 and by a co-ordinate Bench in Cr. Misc. no. 66180 of 2022. Release ordered on arrest or surrender within four weeks on a bail bond of Rs. 10,000/- with two like sureties to the Additional Sessions Judge VI-cum-Special Judge (POCSO) Act, Sitamarhi, subject to Section 438(2) CrPC conditions. (Anil Kumar Sinha, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7560 of 2024

Arising Out of PS. Case No.-1102 Year-2021 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi

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

Faruq @ Farukh Khan Son of Late Abdul Joha Khan R/o vill - Kamaldah, P.S. - Bathnaha, Distt. - Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

Sama Praveen W/o Motiur Rahman @ Tinku Khan R/o vill - Kamaldah, P.S. - Bathnaha, Distt. - Sitamarhi

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Sangeet Deokuliar, Advocate For the Opposite Party/s : Mr.Binod Kumar no. 3, APP For informant : Mr. Krishna Murari, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

3 03-04-2024

Heard learned Counsel for the petitioner and learned

APP for the State.

This application, for grant of anticipatory bail, arises out of complaint case no. C 1-1102 of 2021, registered under Sections 451, 354(B), 366(A)/511 of the Indian Penal Code and Section 8 of POCSO Act.

The prosecution story, as per the allegation made in the complaint, is that all the accused persons are neighbours of the complainant. It has been alleged that on the date of occurrence, the accused persons arrived near the house of complainant and started searching complainant’s brother-in-law and on protest being made, they entered into her house and Faruq i.e. petitioner lifted the

Patna High Court CR. MISC. No.7560 of 2024(3) dt.03-04-2024 2/3

minor daughter of complainant, aged about 16 years, in his lap and outraged her modesty.

Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case due to the fact that both parties are co-sharers and neighbours also and there is family dispute between them. Learned counsel further submits that complainant side kidnapped the daughter of co-accused Neyaz Khan, for which, an FIR was lodged by petitioner’s side bearing Bathnaha PS case no. 286 of 2021 dated 09.11.2021. After lodging the aforesaid F.I.R., the present complaint has been filed on 15.11.2021 for an alleged occurrence, which had taken place on 03.11.2021. He also submits that co-accused persons have been granted anticipatory bail in Cr. Misc. no. 25504 of 2023 and Cr. Misc. no. 66180 of 2022.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both parties are co-sharers and neighbours and there is family dispute between them, F.I.R. lodged by the side of the petitioner is prior in time to the present complaint and similarly situated co-accused persons have been granted anticipatory bail by this Court in Cr. Misc. no. 25504 of 2023 and by a co-ordinate Bench of this Court in Cr. Misc. no. 66180 of 2022, I am inclined to grant the privilege of anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.7560 of 2024(3) dt.03-04-2024 3/3

This application is, accordingly, allowed.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within four 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 Sessions Judge VI-cum-Special Judge (POCSO) Act, Sitamarhi in connection with complaint case no. C 1-1102 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J)

rinkee/-

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