Allowed¶21

Rahul Kumar v. The State of Bihar

Patna HC8 May 2025CR. MISC./2964/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438(2) Cr.P.C.; Section 12 POCSO Act; Sections 323, 341, 342, 354D, 506, 34 IPC; Mahila P.S. Case No.79/2021, Patna; minor victim; alleged teasing near coaching, screenshot blackmail, threat to make picture viral, incident of 08.07.2021; claim of false implication and relationship through petitioner's Bhabhi; claimed compromise (Annexure-P/3); A.P.P. objection that POCSO offence is not compoundable; bail bond Rs.10,000 with two sureties of like amount; release on arrest or surrender within six weeks.

What did the court decide?

Anticipatory bail: release upon arrest or surrender before the learned court below within six weeks, on bail bonds of Rs.10,000 with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C., in connection with Mahila P.S. Case No.79/2021. ¶21

Rahul Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in Mahila P.S. Case No.79/2021 registered for offences under Sections 323, 341, 342, 354D, 506, 34 of the Indian Penal Code and Section 12 of the POCSO Act, should be released on anticipatory bail.

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Court's answer

Anticipatory bail granted: considering the submissions of learned counsel for the petitioner, the petitioner is to be released, on arrest or surrender before the learned court below within six weeks, on furnishing bail bonds of Rs.10,000 with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending, in connection with Mahila P.S. Case No.79/2021, subject to the conditions laid down under Section 438(2) Cr.P.C.

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Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.2964 of 2025 (oral order dated 08-05-2025), Satyavrat Verma, J.: Anticipatory bail granted to the petitioner, who apprehended arrest in Mahila P.S. Case No.79/2021 (District Patna) registered for offences punishable under Sections 323, 341, 342, 354D, 506, 34 of the Indian Penal Code and Section 12 of the POCSO Act. On arrest or surrender before the learned court below within six weeks, the petitioner is to be released on furnishing bail bonds of Rs.10,000 (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned trial court where the case is pending, subject to the conditions laid down under Section 438(2) of the Cr.P.C. Counsel for the petitioner had urged clean antecedents, alleged false implication arising out of a known relationship, and a claimed compromise (Annexure-P/3); the learned A.P.P. opposed the prayer noting the F.I.R. was instituted under the POCSO Act and was not compoundable.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2964 of 2025

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Arising Out of PS. Case No.-79 Year-2021 Thana- MAHILA P.S. District- Patna

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

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Rahul Kumar Son of Nathun Bhagat @ Nathun Malakar Resident of VillageBakawan, Sub Division- Barh, Block- Pandarak, P.S.- Bhadaur, Distt.- Patna, Bihar, PIN-803306, at present Village- West Lohanipur Railway Hunter Road, Langra School, P.S.- Kadamkuan, District Patna, Bihar, PIN Code-800003

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... ... Petitioner/s

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Versus

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The State of Bihar

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Sapna Kumari Daughter of Sri Shiv Ratan Malakar Resident of Rajiv Nagar, Road No. 23, House of Retd. S.P. Sri B.N. Sarkar, Kesri Nagar, Rajiv Nagar, P.S.- Rajiv Nagar, Distt.- Patna, Bihar PIN Code-800024

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Nilanjan Chatterjee For the Opposite Party/s : Mr. Ravindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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4 08-05-2025

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Heard learned Senior counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 323, 341, 342, 354D, 506, 34 of the Indian Penal Code & Section 12 of the POCSO Act.

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Learned Senior counsel for the petitioner submits that petitioner is a person with clean antecedent and the victim, a minor, alleges that the petitioner used to tease her when she went for coaching, further petitioner took screen shot of her when she made a video call to her sister and used to black-mail

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Patna High Court CR. MISC. No.2964 of 2025(4) dt.08-05-2025 2/3

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her and forced her to talk, further the sister of petitioner called her on pretext of birthday, when she realized that both brother and sister are trying to implicate her, further the petitioner threatened her father that he will added her picture and make it viral, further on 08.07.2021, the petitioner in front of her parents caught her and started pulling her towards himself and slapped her near Ashok Sharma.

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The learned Senior counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that own Bhabhi of the petitioner is sister of the informant and as such the petitioner and the informant were known to each other and were in love but then when the parents came to know about their relationship the instant false case came to be instituted. It is also submitted that the case has been compromised as would manifest from Annexure-P/3, at page-23 to the anticipatory bail application.

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Learned A.P.P. for the State Mr. Ravindra Kumar opposes the prayer for anticipatory bail of the petitioner and submits that the F.I.R. has been instituted under the POCSO Act also and the same is not compoundable, on which, the learned Senior counsel for the petitioner submits that in the nature of allegation and subsequent development if the petitioner is sent

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Patna High Court CR. MISC. No.2964 of 2025(4) dt.08-05-2025 3/3

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to judicial custody his entire career would be ruined and chances are bright that he may come in contact with hardened criminal.

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Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mahila P.S. Case No.79/2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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amit/-

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U T

Rahul Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rahul Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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