Allowed¶20

Mukteshwar Singh v. the State of Bihar

Patna HC19 Mar 2024CR. MISC./836/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438 CrPC; Section 438(2) conditions; POCSO Act Section 08; IPC Sections 365, 366A/34; Itarhi P.S. Case No. 100 of 2023; Buxar; Mukteshwar Singh; Brij Bihari @ Mauwa; CR. MISC. No.836 of 2024; Justice Rajesh Kumar Verma; bail bond Rs. 10,000; elopement of minor girl; Patna High Court.

What did the court decide?

Anticipatory bail: release on bail in the event of arrest or surrender within thirty days on bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to Section 438(2) CrPC conditions and further conditions (cooperation in trial, no tampering with evidence/witnesses, verification of criminal antecedents). ¶20

Mukteshwar Singh Vs the State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Itarhi P.S. Case No. 100 of 2023 (Sections 365, 366A/34 IPC and Section 08 POCSO Act), is entitled to anticipatory bail.

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Court's answer

Anticipatory bail granted: petitioner to be released on bail in the event of arrest or surrender before the court below within thirty days, on bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional District & Sessions Judge-VI-cum-Special Judge (POCSO Act), Buxar.

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Ratio / Principle

Release made subject to conditions under Section 438(2) CrPC and further conditions: cooperation in trial and physical presence on dates fixed (bail bond cancellable on absence on two consecutive dates without sufficient reason), and liberty to the prosecution to move for cancellation if the petitioner tampers with evidence or witnesses.

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Key takeaways

Court below to verify the criminal antecedent of the petitioner; if concealment of antecedents is found at any stage, steps to be taken for cancellation of the bail bond, but acceptance of bail bonds shall not be delayed for purpose of or in the name of verification.ratio¶25

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Rajesh Kumar Verma, J) to the petitioner, father of the co-accused, apprehending arrest in Itarhi P.S. Case No. 100 of 2023 (F.I.R. dated 17.04.2023) under Sections 365, 366A/34 IPC and Section 08 POCSO Act, arising out of the allegation that his son enticed and eloped with the informant's 17-year-old daughter. Petitioner directed to be released on bail in the event of arrest or surrender within thirty days on bail bond of Rs. 10,000/- with two like sureties before the Additional District & Sessions Judge-VI-cum-Special Judge (POCSO Act), Buxar, subject to Section 438(2) CrPC conditions and further conditions of trial cooperation, non-tampering, and verification of criminal antecedents, without delaying acceptance of bail bonds.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.836 of 2024

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Arising Out of PS. Case No.-100 Year-2023 Thana- ITARHI District- Buxar

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

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Mukteshwar Singh Son of Shivpujan Singh R/o vill - Indaur, P.O. - Indaur, P.s. - Itarhi, Distt. - Buxar

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Kumar Sinha, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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3 19-03-2024

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Heard Mr. Rajeev Kumar Sinha, learned counsel

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for the petitioner and Mr. Anil Kumar, learned Additional Public Prosecutor for the State.

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The petitioner is apprehending his arrest in connection with Itarhi P.S. Case No. 100 of 2023, F.I.R. dated 17.04.2023 for the offences punishable under Sections 365, 366A/34 of the Indian Penal Code and Section 08 of POCSO Act.

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According to prosecution case, the son of the petitioner namely, Brij Bihari @ Mauwa enticed the daughter of the informant aged about 17 years and eloped with her.

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Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the ground that the

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Patna High Court CR. MISC. No.836 of 2024(3) dt.19-03-2024 2/3

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petitioner is the father of the co-accused, namely, Brij Bihari @ Mauwa and in fact, petitioner has no knowledge about the present occurrence. He further submits that the son of the petitioner was in love with the victim girl and the informant has filed the present F.I.R only to harass the petitioner.

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The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

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Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 the learned Additional District & Sessions Judge-VI-cum-Special JudgePOCSO Act, Buxar in connection with Itarhi P.S. Case No. 100 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

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i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient

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Patna High Court CR. MISC. No.836 of 2024(3) dt.19-03-2024 3/3

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reason, his bail bond shall be cancelled by the Court below.

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ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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Vanisha/-

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U T

Mukteshwar Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Mukteshwar Singh 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

Coram

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