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

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

What the court decided

AI extract

Outcome

Release on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned 6th Additional Sessions Judge-cum-Special Judge, POCSO Act, East Champaran, Motihari, in connection with Govindganj (Areraj) P.S. Case No. 67 of 2022.

Issue for consideration

Whether the petitioner, charged in Govindganj (Areraj) Police Station Case No. 67 of 2022 under Sections 363, 365/34 IPC and Section 8 of the POCSO Act, is entitled to release on regular bail. +1 more

Court's answer

Considering the facts and circumstances, the petitioner was ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned 6th Additional Sessions Judge-cum-Special Judge, POCSO Act, East Champaran, Motihari.

Ratio / Principle

On perusal of the FIR, case diary, the victim's Section 164 Cr.P.C. statement and the impugned order dated 20.12.2023, the petitioner's name had been falsely implicated on the basis of suspicion.

Key takeaways

The victim's statement recorded under Section 161 Cr.P.C. showed no allegation of sexual assault or any other offence against the petitioner.ratio¶16

Detailed headnote1 paragraphs

Patna High Court (Ramesh Chand Malviya, J.), Criminal Miscellaneous No. 8947 of 2024, order dated 09-04-2024 arising out of Govindganj (Areraj) P.S. Case No. 67 of 2022 (East Champaran), registered under Sections 363, 365/34 IPC and Section 8 of the POCSO Act on the written report of the informant against five accused persons including the petitioner Shashi Ranjan Kumar, in custody since 28.11.2023: regular bail ALLOWED on a bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned 6th Additional Sessions Judge-cum-Special Judge (POCSO Act), East Champaran, Motihari. Perusal of the FIR, case diary, the victim's Section 164 Cr.P.C. statement and the impugned order dated 20.12.2023 led the Court to find that the petitioner's name had been falsely implicated on the basis of suspicion and that the victim's Section 161 Cr.P.C. statement contained no allegation of sexual assault or any other offence against him. No precedents were cited.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8947 of 2024

Arising Out of PS. Case No.-67 Year-2022 Thana- GOVINDGANJ District- East Champaran

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

Shashi Ranjan Kumar Son of Mahesh Prasad R/o vill - Areraj ward no. 10, P.S. - Areraj, Distt. - East Champaran

... ... Petitioner/s

The State of Bihar ====================	Versus ... ... Opposite Party/s ==================================
Appearance :
For the Petitioner/s :	Mr. Ravi Ranjan, Advocate Mr. Shreyash Bhardwaj, Advocate
For the Opposite Party/s :	Mr. Ganesh Prasad Singh, APP
For the Informant : ====================	Mr. Ajay Kumar Singh, Advocate ==================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER

3 09-04-2024

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

The petitioner seeks regular bail in connection with Govindganj (Areraj) Police Station Case No. 67 of 2022 registered for the offence under Sections 363, 365 / 34 of the IPC and Section 8 of the POCSO Act.

As per the prosecution case, the allegation against the petitioner is that he alongwith other co-accused person kidnapped the daughter of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that the petitioner is in custody since 28.11.2023.

However, learned APP for the State vehemently

Patna High Court CR. MISC. No.8947 of 2024(3) dt.09-04-2024 2/2

opposed the prayer for regular bail.

On perusal of the FIR, case diary, statement of the victim recorded under Section 164 of the Cr.P.C. and impugned order dated 20.12.2023, it appears that on the basis of written report of the informant, FIR was registered under Section 363, 365 / 34 of the IPC and Section 8 of the POCSO Act against 5 accused persons including the present petitioner. Name of the petitioner has falsely been implicated on the basis of suspicion and on the basis of statement of the victim recorded under Section 161 of Cr.P.C., it appears that there no allegation of sexual assault or any other offence against the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 6^th Additional Sessions Judge – cum – Special Judge, POCSO Act, East Champaran, Motihari in connection with Govindganj (Areraj) P.S. Case No. 67 of 2022.

(Ramesh Chand Malviya, J)

saurabhkr/- U T