Partly allowed

Rahul Kumar v. The State of Bihar

Patna HC18 Dec 2024CR. MISC./86460/2024

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in a kidnapping case under Sections 353 and 363/34 IPC. The court granted anticipatory bail to the mother-petitioner on grounds of general and omnibus allegations but rejected it for petitioner no.1, who faces specific allegations of kidnapping a minor girl, directing him to surrender and seek regular bail within six weeks.

What did the court decide?

Anticipatory bail granted to petitioner no.2 with conditions; prayer of petitioner no.1 rejected with direction to surrender within six weeks and seek regular bail.

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86460 of 2024

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Arising Out of PS. Case No.-197 Year-2023 Thana- NAGAR District- Vaishali

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

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Rahul Kumar S/o Harendra Mahto @ Gauri Mahto @ Harinder Mahto Resident Of Village- Sambhupur, P.S. - Sarai, Distt.- vaishali

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Rina Devi @ Reena Devi W/o Harendra Mahto @ Gauri Mahto @ Harinder Mahto Resident Of Village- Sambhupur, P.S. - Sarai, Distt.- vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sachin Kumar, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 18-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

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The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 353 & 363/34 of the Indian Penal Code.

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Both the petitioners along with other co-accused are said to have manhandled with the informant and took away the victim with him.

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It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. It is further submitted that victim is major and she has love affairs with petitioner no.1. It is

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Patna High Court CR. MISC. No.86460 of 2024(2) dt.18-12-2024 2/3

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further submitted that the victim girl has solemnized marriage with petitioner no.1 out of her own volition and living happily in conjugal life. Petitioner no.2 is the mother of petitioner no.1 and the allegation levelled against the petitioner no.2 is not specific rather general and omnibus in nature. Petitioners have one criminal antecedent as mentioned in para-3 of this application.

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Having regard to the facts and circumstances of the case as well as the fact that petitioner no.2 is the mother of petitioner no.1 and the allegation against her is general and omnibus in nature, let the above named petitioner no.2, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Hajipur Town P.S. Case No. 197 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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Considering the facts and circumstances of case as well as the fact that there is specific allegation against petitioner no.1 of kidnapping the minor girl, I am not inclined to enlarge petitioner no.1 on anticipatory bail. The prayer for anticipatory bail of the

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Patna High Court CR. MISC. No.86460 of 2024(2) dt.18-12-2024 3/3

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petitioner no.1 is hereby rejected.

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However, the petitioner no.1 is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order.

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(Anjani Kumar Sharan, J)

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Trivedi/-

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U T

Rahul Kumar v. The State of Bihar

Case brief

What is this about?

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Rahul Kumar v. The State of Bihar

Case brief

What is this about?

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