Allowed¶20

Md. Gulam Haidar @ Gulam Haidar @ Ramjan v. The State of Bihar

Patna HC20 Mar 2025CR. MISC./629/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Patna High Court; Crl. Misc. No.629 of 2025; order dated 20-03-2025; Prabhat Kumar Singh J; Baisi P.S. Case No.238 of 2024; Purnia; Section 376 IPC; Section 4 POCSO Act; Sections 180 and 183 BNSS victim statement; clean antecedent; bail bond Rs.10,000 with two sureties; Additional Sessions Judge-VII-cum-Special Judge (POCSO) Purnea; Section 482(2) BNSS bail conditions; bail allowed.

What did the court decide?

Anticipatory bail granted: in the event of arrest/surrender within eight weeks, release on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-VII-cum-Special Judge (POCSO), Purnea, subject to the condition laid down under Section 482(2) of the B.N.S.S. ¶20

Md. Gulam Haidar @ Gulam Haidar @ Ramjan Vs The… — Child Sexual Offences (POCSO) | Patna HC (2025)

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the petitioner, apprehending arrest in Baisi P.S. Case No. 238 of 2024 (registered under Section 376 IPC and Section 4 POCSO Act), should be granted anticipatory bail.

¶19

Court's answer

Taking into account the facts of the case and the petitioner's clean antecedent, the court allowed the petitioner's prayer for anticipatory bail.

¶20

Ratio / Principle

In the event of arrest/surrender within eight weeks, the petitioner is to be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-VII-cum-Special Judge (POCSO), Purnea, subject to the condition laid down under Section 482(2) of the B.N.S.S.

¶21

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Prabhat Kumar Singh, J., 20-03-2025): Petitioner apprehending arrest in Baisi P.S. Case No. 238 of 2024, District Purnia, registered under Section 376 IPC and Section 4 POCSO Act, on allegations that he physically exploited the informant's daughter several times owing to which she became pregnant. Prayer for anticipatory bail allowed considering the facts of the case and the petitioner's clean antecedent; during investigation the victim and her father did not support the prosecution case and the victim's statement recorded u/s 180 and 183 BNSS stated that nothing happened with her. Bail directed in the event of arrest/surrender within eight weeks on a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Additional Sessions Judge-VII-cum-Special Judge (POCSO), Purnea, subject to conditions under Section 482(2) B.N.S.S.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.629 of 2025

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Arising Out of PS. Case No.-238 Year-2024 Thana- BAISI District- Purnia

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

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Md. Gulam Haidar @ Gulam Haidar @ Ramjan Son of Late Buniyad Ali village- Charaiya, Ps- Baisi, Dist- Purnea

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... ... Petitioner/s

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Versus

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The State of Bihar

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Ansari Begum Wife of Mohiuddin village- Charaiya, ward no. 7, Ps- Baisi, Dist- Purnea

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.. ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 20-03-2025

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in connection with Baisi P.S. Case No. 238 of 2024, registered for the offences punishable under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.

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The prosecution case in brief is that petitioner is alleged to have physically exploited the daughter of the informant several times due to which she became pregnant. When the informant disclosed the same to the elder brother of the petitioner he told her not to disclose about the said fact to anyone and assured to help her in marriage of her daughter. When the informant refused to accept the same he threatened her and took away her husband and daughter for abortion.

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Patna High Court CR. MISC. No.629 of 2025(3) dt.20-03-2025 2/3

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Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to ulterior motive. During investigation, victim and her father did not support the prosecution case and the victim in her statement recorded u/s 180 and 183 of the BNSS has stated that nothing has happened with her and her mother has lodged a false case stating wrong facts against her. Victim has no illicit relationship with anyone and on 19.8.24, she had gone to her Khala’s (mausi) house where she stayed for four days and when she returned on 24.8.24, she came to know that her mother has lodged a case and thereafter she along with her father went to the police station and she gave her statement. Petitioner claims clean antecedent.

¶19

Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

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Considering the aforesaid facts of the case and also considering the clean antecedent of the petitioner, the prayer for anticipatory bail of the petitioner is allowed.

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Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

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Patna High Court CR. MISC. No.629 of 2025(3) dt.20-03-2025 3/3

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each to the satisfaction of the learned Additional Sessions Judge-VII-cum-Special Judge (POCSO), Purnea in connection with Baisi P.S. Case No. 238 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S.

¶24

(Prabhat Kumar Singh, J)

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Ranjeet/- U T

Md. Gulam Haidar @ Gulam Haidar @ Ramjan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Gulam Haidar @ Gulam Haidar @ Ramjan 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

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