Patna High Court – Orders
Shravan Kumar @ Satyam Kumar vs The State Of Bihar on 18 January, 2025
Author: Jitendra Kumar
Bench: Jitendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 68723 of 2024
Arising Out of PS. Case No.-48 Year-2024 Thana- CHORAUT District- Sitamarhi
======================================================
Rishikesh Kumar Son of Sanjay Choudhary R/o Village Barari Behata, Barri
Bihta, Ward No. -7, P.O.- Behta, P.S.- Choraut, District -Sitamarhi-843319
... ... Petitioner
Versus
1. The State of Bihar
2. Victim Girl Daughter of Pappu Chaudhary Resident of village- Barri Bihta,
Ward no. 7, P.S.- Choraut, District- Sitamarhi.
... ... Opposite Parties
======================================================
with
CRIMINAL MISCELLANEOUS No. 71455 of 2024
Arising Out of PS. Case No.-48 Year-2024 Thana- CHORAUT District- Sitamarhi
======================================================
1. Shravan Kumar @ Satyam Kumar Son of Sarvesh Kumar @ Sarvesh
Chaudhary R/O Vill.- Barri Behta Ward no. 7, P.S.- Choraut, Dist.-
Sitamarhi.
2. Shivam Kumar @ Aman Kumar Son of Sarvesh Kumar @ Sarvesh
Chaudhary R/O Vill.- Barri Behta Ward no. 7, P.S.- Choraut, Dist.-
Sitamarhi.
... ... Petitioners
Versus
1. The State of Bihar Bihar
2. Varsha Kumari D/O Pappu Chaudhary R/O Vill.- Barri Behta Ward no. 7,
P.S.- Choraut, Dist.- Sitamarhi.
... ... Opposite Parties
Appearance :
(In CRIMINAL MISCELLANEOUS No. 68723 of 2024)
For the Petitioners : Mr. Adarsh Raj Sinha, Advocate
For the State : Mr. Arun Kumar Pandey, APP
For the O.P. No.2 : Mr. Shailesh Kumar, Advocate
(In CRIMINAL MISCELLANEOUS No. 71455 of 2024)
For the Petitioners : Mr. Adarsh Raj Sinha, Advocate
For the State : Mr. Arun Kumar Pandey, APP
For the O.P. No.2 : Mr. Shailesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 18-01-2025
Both the petitions arise out of the same FIR bearing
Choraut PS. Case No.48 of 2024. Hence, both the petitions have
Patna High Court CR. MISC. No. 68723 of 2024(3) dt.18-01-2025
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been heard together and being disposed of by this common
order.
2. Heard learned counsel for the petitioners and
learned APP for the State.
3. The present petition has been filed on behalf of
the petitioners, apprehending their arrest, in connection with
Choraut PS. Case No.48 of 2024 dated-13.04.2024 registered for
the offences punishable under Sections 341, 323, 354B, 504,
506, 509/34 of the Indian Penal Code and Section 8 of the
POCSO Act.
4. The prosecution case as emerging from the FIR is
that the informant is a 15 years old girl and on her way to
grossory shop, she was caught hold of by the accused persons
including the petitioner. They are also alleged to have outraged
her modesty.
5. Learned counsel for the petitioners submit that the
Petitioners are innocent and have falsely been implicated in this
case. He further submits that the petitioners are agnates and they
have property dispute. Learned counsel for the Petitioner,
Rishikesh Kumar, submits that the mother of the petitioner is an
Asha worker and she has duty to report child marriage, and
only a few days back her mother had reported to the police that
Patna High Court CR. MISC. No. 68723 of 2024(3) dt.18-01-2025
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the informant girl, despite being minor, was going to solemnize
marriage at the instance of her father and on her application, her
marriage was prevented by the police authorities and in
retaliation, this case has been filed against Rishikesh Kumar to
harass his family. Learned counsel on behalf of the other
petitioners submits that all the accused persons are agnates of
the informant and there is old family disputes and this is also a
factor for the false implication.
6. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
7. It has further been stated in paragraph no.3 of the
petition that the petitioner in Criminal Miscellaneous No. 68723
of 2024 has been made accused in one other case whereas the
petitioners in Cr. Misc. No. 71455 of 2024 have no criminal
antecedents.
8. Learned APP for the State as well as learned
counsel for the Opposite Party No.2 vehemently oppose the
prayer of the Petitioner for bail.
9. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioners above-named,
to be enlarged on bail, in the event of their arrest or surrender
Patna High Court CR. MISC. No. 68723 of 2024(3) dt.18-01-2025
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before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on their
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned Additional Sessions Judge-VI-cum-
Special Judge POCSO Act, Sitamarhi, in connection with
Choraut PS. Case No.48 of 2024, subject to the conditions as
laid down under Section 438 (2) Cr.PC and on the following
conditions:
(i) In case, it is brought to the notice of the court
below that the petitioners have any criminal antecedents other
than the disclosed one, learned court below shall cancel the bail
bonds of the petitioners after hearing them and getting satisfied
that the petitioners have concealed their criminal antecedents
despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the
petitioners.
(Jitendra Kumar, J.)
Chandan/-
U T
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