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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, if arrested or surrendering within six weeks from 10-01-2024, to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of Additional District and Sessions Judge-VI (Six)-cum-Special Judge, POCSO, Bihar Sharif at Nalanda, in connection with Mahila P.S. Case No. 70 of 2022, subject to Section 438(2) CrPC conditions.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in the case registered under Sections 376, 420, 323, 504, 307, 364 and 34 IPC, Section 27 Arms Act and Sections 4 and 6 POCSO Act (Mahila P.S. Case No. 70 of 2022, Nalanda). +1 more

Court's answer

In the event of arrest or surrender within six weeks, the petitioner is to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the Additional District and Sessions Judge-VI (Six)-cum-Special Judge, POCSO, Bihar Sharif at Nalanda, in connection with Mahila P.S. Case No. 70 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Ratio / Principle

Considering the aforesaid facts and circumstances - including counsel's submissions that the specific rape accusation was against co-accused Abhishek Patel @ Boston, that no specific overt act was alleged against this petitioner, and the petitioner's claimed clean antecedent - despite the learned A.P.P.'s vehement opposition, the court found the petitioner fit for anticipatory bail.

Detailed headnote1 paragraphs

PATNA HIGH COURT | CRIMINAL MISCELLANEOUS No. 80086 of 2023 (decided 10-01-2024) | Prabhat Kumar Singh, J | ANTICIPATORY BAIL GRANTED. Petitioner ALOK KUMAR @ALOK RANJAN, apprehending arrest in Mahila P.S. Case No. 70 of 2022 (Nalanda) - registered under Sections 376, 420, 323, 504, 307, 364 and 34 IPC, Section 27 Arms Act and Sections 4 and 6 POCSO Act, prosecution alleging that he, with co-accused, kidnapped the informant and committed rape on the pretext of marriage - was allowed anticipatory bail. Counsel submitted that the specific accusation of rape was against co-accused Abhishek Patel @ Boston, that the petitioner was only alleged to have accompanied co-accused persons in taking away the informant to the railway station, that there was no specific allegation of any overt act against him, and that he claims clean antecedent; the learned A.P.P. vehemently opposed. Considering the facts and circumstances, the court allowed the prayer: petitioner, on arrest/surrender within six weeks, to be enlarged on bail on bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of Additional District and Sessions Judge-VI (Six)-cum-Special Judge, POCSO, Bihar Sharif at Nalanda, subject to Section 438(2) CrPC conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80086 of 2023

Arising Out of PS. Case No.-70 Year-2022 Thana- MAHILA P.S. District- Nalanda

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

ALOK KUMAR @ALOK RANJAN, Son of Sonelal, R/O Village-Wena, P.S.- Wena, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner : Mr. Rajiv Nayan, Advocate For the State : Mr. Uday Chand Prasad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 10-01-2024

Heard learned counsels for the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 376, 420, 323, 504, 307, 364 and 34 of the Indian Penal Code; Section 27 of the Arms Act and Sections 4 and 6 of the POCSO Act.

As per the prosecution case, this petitioner, along with other co-accused persons, is alleged to have kidnapped the informant and committed rape on the pretext of marriage.

It is submitted by learned counsel for the petitioner that specific accusation of commission of rape is against coaccused Abhishek Patel @ Boston. This petitioner is only alleged to have accompanied other co-accused persons in taking away the informant to the railway station. There is no specific allegation of any overt act against this petitioner. Petitioner

Patna High Court CR. MISC. No.80086 of 2023(2) dt.10-01-2024 2/2

claims clean antecedent.

Learned A.P.P. for the State has vehemently

opposed the prayer for grant of anticipatory bail.

Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioner is allowed.

Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 and Sessions JudgeVI (Six)-cum-Special Judge, POCSO, Bihar Sharif at Nalanda, in connection with Mahila P.S. Case No.70 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J)

shashank/-

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