Shailesh Raut @ Savlesh Raut Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

Shailesh Raut @ Savlesh Raut Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released, on arrest or surrender within four weeks before the learned Court below, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned 7th Addl. District & Sessions Judge-cum-Special Judge, POCSO Act, East Champaran at Motihari, subject to Section 438(2) CrPC / Section 482(2) B.N.S.S, 2023 conditions.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending his arrest in connection with Kesariya P.S. Case No. 136 of 2024, registered under sections 366A and 34 of the I.P.C and Sections 8 and 12 of the POCSO Act. +1 more

Court's answer

Considering the facts of the case, the Court directed that the petitioner, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Kesariya P.S. Case No. 136 of 2024 on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the B.N.S.S, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted (Soni Shrivastava, J) to Shailesh Raut @ Savlesh Raut, submitted to be the full brother of co-accused Anand Kumar @ Golu Kumar, apprehending arrest in Kesariya P.S. Case No. 136 of 2024 registered under sections 366A and 34 of the I.P.C and Sections 8 and 12 of the POCSO Act. Counsel submitted the petitioner was falsely implicated; the victim's statement recorded under Section 164 Cr.pc, kept in a sealed envelope and perused by the Court, states she is 19 years old, eloped with the co-accused out of her own will and married him at Kerala, and the learned Magistrate assessed her age as 18 years; the petitioner has no criminal antecedent. In the event of arrest or surrender within four weeks, the petitioner is to be released on a bail bond of Rs.10,000/- with two sureties of the like amount each before the learned 7th Addl. District & Sessions Judge-cum-Special Judge, POCSO Act, East Champaran at Motihari, subject to the conditions under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the B.N.S.S, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1434 of 2025

Arising Out of PS. Case No.-136 Year-2024 Thana- KESARIA District- East Champaran

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

Shailesh Raut @ Savlesh Raut S/o Ramayan Raut Resident of Village - Chandparsa, Ward No. 12, P.S. - Kesariya, District - East Champaran

... ... Petitioner/s

Versus

The State of Bihar

Wakil Sahani S/o Late Daroga Sahani Resident of Village - Chandparsa, Ward No. 12, P.S. - Kesariya, District - East Champaran

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Madhurendra Kumar, Advocate For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

5 11-04-2025

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

The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Kesariya P.S. Case no.136 of 2024 registered under sections 366A and 34 of the I.P.C and Sections 8 and 12 of the POCSO Act.

As per the prosecution case, the informant states that while her minor daughter went to ease herself, the F.I.R named accused person abducted her. When the daughter-in-law of the informant protested the same, co-accused Anand Kumar @ Golu Kumar and Dilip Kumar also assaulted her.

Patna High Court CR. MISC. No.1434 of 2025(5) dt.11-04-2025 2/3

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The name of the petitioner has come only for the reason that he happens to be the full brother of the co-accused Anand Kumar @ Golu Kumar who was in love affair with the informant’s daughter. The informant’s daughter was recovered and her statement was recorded under Section 164 Cr.pc kept in sealed envelop, which I have perused. The victim in her statement states that she is 19 years old and she eloped with Anand Kumar @ Golu Kumar out of her own will. She married with Anand Kumar @ Golu Kumar at Kerala and they lived happily together. The learned Magistrate has also assessed her age as 18 years and hence, no offence under the POCSO Act is made out and there is no whisper about the petitioner in the statement of the victim. The petitioner has no criminal antecedent and he undertakes to cooperate in the case/trial.

The application for anticipatory bail is opposed by learned A.P.P. for the State.

Considering the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in

Patna High Court CR. MISC. No.1434 of 2025(5) dt.11-04-2025 3/3

connection with Kesariya P.S. Case no.136 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 7^th Addl. District & Sessions Judge-cum-Special Judge, POCSO Act, East Champaran at Motihari, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J)

Harsh/-

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