Suraj Bhan Singh v. The State of Bihar

Patna HC17 Apr 2025CR. MISC./63621/2024

Case brief

AI extract

What is this about?

Regular bail; gang rape allegation; POCSO Act Ss. 4/6; IPC Ss. 323, 452, 366(A), 376(D); Jamui P.S. Case No. 239 of 2024; minor/major dispute - Annexure-A birth certificate (Registrar birth-death, Sadar Hospital Jamui, D.O.B. 29.10.2005) versus matric certificate; medical report - no spermatozoa found, examination the very next date; petitioner in custody since 01.05.2024; bail bond Rs. 10,000 with two like sureties; Additional Sessions Judge-1st, Jamui; Patna High Court; Sourendra Pandey, J; order dated 17-04-2025.

What did the court decide?

Regular bail granted to petitioner Suraj Bhan Singh; to be released on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-1st, Jamui, in connection with Jamui P.S. Case No. 239 of 2024. ¶¶24

Suraj Bhan Singh 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, prosecuted in Jamui P.S. Case No. 239 of 2024 for offences under Sections 323, 452, 366(A), 376(D) IPC and Sections 4/6 POCSO Act, is entitled to regular bail.

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Court's answer

The Court's opinion was formed on the medical report, which suggested a chance of recent sexual intercourse; however, from the findings of the examination no spermatozoa was found and the examination was conducted the very next date of the incident.

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Ratio / Principle

Taking into account that the petitioner is in jail since 01.05.2024 along with the medical-report findings, the Court was inclined to grant the petitioner the privilege of regular bail.

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Key takeaways

Prayer for bail allowed; petitioner to be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the court of the learned Additional Sessions Judge-1st, Jamui, in connection with Jamui P.S. Case No. 239 of 2024.ratio¶¶25

Detailed headnote1 paragraphs

Patna High Court (Single Bench, Sourendra Pandey, J), order dated 17-04-2025 in Criminal Miscellaneous No.63621 of 2024 arising out of Jamui P.S. Case No. 239 of 2024 (Sections 323, 452, 366(A), 376(D) IPC and Sections 4/6 POCSO Act): Regular bail granted to petitioner Suraj Bhan Singh, named in the FIR alongside Murari Kumar Singh and Golu Kumar Singh for the alleged abduction and gang rape of the informant's minor daughter. Counsel relied on a birth certificate (Annexure-A, Registrar birth-death, Sadar Hospital, Jamui; D.O.B. 29.10.2005) to argue the victim was major, while the A.P.P. relied on the matric certificate to contend she was minor. The Court allowed bail on the basis of the medical report (possibility of recent sexual intercourse, but no spermatozoa found and examination conducted the very next date of the incident) and the petitioner's custody since 01.05.2024; bail directed on bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-1st, Jamui. (Paras 6-8)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63621 of 2024

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Arising Out of PS. Case No.-239 Year-2024 Thana- JAMUI District- Jamui

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

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Suraj Bhan Singh Son of Subhod Singh R/o Village - Baruatta, P.S.- Jamui, District - Jamui.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Srikant Pandey S/o Ramakant Pandey R/o Village - Baruatta, P.S.- Jamui, District - Jamui.

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Poonam Kumari @ Priya Kumari R/o Village - Baruatta, P.S.- Jamui, District - Jamui.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate Mr. Niranjan Parihar, Advocate For the State : Mr. Jagdhar Prasad, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

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6 17-04-2025

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

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2. The petitioner seeks regular bail in connection with Jamui P.S. Case No. 239 of 2024, registered for the offences punishable under Sections 323, 452, 366(A), 376(D) of the Indian Penal Code and 4/6 of POCSO Act.

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3. The prosecution case in brief is that informant Srikant Pandey had gone to a wedding and his daughter and his aunt were there at the home. It is furhter alleged that some persons of his village took away his minor daughter from the house and gang-raped her and he has named Murari Kumar

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Patna High Court CR. MISC. No.63621 of 2024(6) dt.17-04-2025 2/3

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Singh, Golu Kumar Singh and Suraj Bhan Singh (petitioner). It has further been alleged that his daughter had been pushed into the street and they had threatened not to disclose their names.

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4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case out of personal grudge which the informant was carrying against him. He further submits that the age of the victim has been stated to be 16 years, however, the same is contradicted by the report which has been brought on record by way of Annexure-A which was issued by the Registrar (birth-death), Sadar Hospital, Jamui, who has certified that the birth of the girl was 29.10.2005 and hence she was a major at the time of occurrence. He further submits that from the perusal of the medical report, it is clear that there was no sign of rape as there was no spermatozoa found, there was no signs of external or internal injury on the person of the victim and there is only an opinion that the victim might had undergone a sexual intercourse recently. The learned counsel further submits that the petitioner is in jail custody since 01.05.2024.

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5. Learned A.P.P. for the State has vehemently opposed the prayer for bail and has stated that there is an allegation of gang rape committed on the victim and petitioner

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Patna High Court CR. MISC. No.63621 of 2024(6) dt.17-04-2025 3/3

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is stated to be one of the person who was involved in such incident. Learned A.P.P. further submits that on perusal of the matric certificate, the victim girl seems to be a minor and hence he does not deserve to be released on bail.

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6. After hearing the respective parties, this Court is of the opinion, formed on the basis of the medical report, which suggest that there might be a chance of recent sexual intercourse, however, from the findings of the examination it seems that no spermatozoa was found and the petitioner was examined the very next date of the incident and also taking into account the fact that the petitioner is in jail since 01.05.2024, I am inclined to grant the petitioner privilege of regular bail.

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7. Accordingly, the prayer for bail is allowed.

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8. 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 each to the satisfaction of the court of learned Additional Sessions Judge-1st, Jamui, in connection with Jamui P.S. Case No. 239 of 2024.

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(Sourendra Pandey, J)

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Siwani/-

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U T

Suraj Bhan Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Suraj Bhan Singh 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

Procedural history

Parties & counsel

Coram

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