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Patna High Court

RAM SUNDAR SAHversusThe State of Bihar

Decided
Disposal
ALLOWED
Bench
ANSUL

Holding

The order dated 30‑01‑2023 rejecting the discharge petition is quashed with respect to the petitioners.

Summary

The petitioners filed an application under Section 227 of the Criminal Procedure Code seeking to quash the order dated 30‑01‑2023 that rejected their discharge petition in a POCSO case. They were alleged to have entered the informant's house armed on 09‑12‑2020, assaulting several persons and snatching articles, while the co‑accused Pritam Kumar was accused of attempting to rape a 14‑year‑old girl. The petitioners contended that the incident stemmed from a love affair involving the son of petitioner No.1 and the minor, and that they were not present at the time of the alleged assault, with no injury report to substantiate the charges. The trial court had taken cognizance of offences under various IPC sections and Section 8 of the POCSO Act against the petitioners. The High Court held that the evidence did not support the inclusion of the petitioners and therefore quashed the order of the lower court insofar as they were concerned. Consequently, the petition for quash of the order was allowed.

Issues considered

  • What is the propriety of rejecting the discharge petition under Section 227 CrPC against the petitioners in the POCSO case?
  • Whether the petitioners can be held liable for the offences alleged under the IPC and the POCSO Act.

Legislation cited

Subjects

  • POCSO
  • Section 227 CrPC
  • discharge petition
  • assault
  • sexual offences
  • quash order
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17991 of 2023
                        Arising Out of PS. Case No.-251 Year-2020 Thana- BIHRA District- Saharsa
                 ======================================================
           1.     RAM SUNDAR SAH Son of Late Baso Sah @ Basudeo Sah Resident of
                  Village - Dorma, P.S.- Bihra, District - Saharsa.
           2.    Ramesh @ Ramdev Sah @ Ram Sah Son of Late Vasu Sah @ Basudeo Sah
                 Resident of Village - Dorma, P.S.- Bihra, District - Saharsa.
           3.    Gautam Kumar Sah @ Gautam Kumar Son of Ram Sundar Sah Resident of
                 Village - Dorma, P.S.- Bihra, District - Saharsa.
           4.    Devendra Sah @ Devanand Kumar @ Devanand Sah Son of Ramesh Sah @
                 Ramdev Sah @ Ram Sah Resident of Village - Dorma, P.S.- Bihra, District -
                 Saharsa.
           5.    Raju Kumar Sah Son of Heeramani Sah Resident of Village - Dorma, P.S.-
                 Bihra, District - Saharsa.
           6.    Shyam Sah Son of Laldeo Sah Resident of Village - Dorma, P.S.- Bihra,
                 District - Saharsa.
           7.    Shushil Yadav @ Shushil Kumar Son of Rajendra Yadav Resident of Village
                 - Dumma, P.S.- Bihra, District - Saharsa.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Mala Devi Wife of Ahok Chaudhary Resident of Village - Dorma, Telyari
                 Ward No.- 5, P.S.- Bihra, District - Saharsa.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Javed Aslam
                 For the Opposite Party/s :       Mr.Chandra Bhushan Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   30-03-2026                  Heard learned counsel for the petitioners and learned

                   counsel for the State.

                                2. The present application has been filed for quashing

                   of the order dated 30-01-2023 passed by learned ADJ-VI-cum-

                   Spl. Judge (POCSO), Saharsa in POCSO Case No. 55 of 2020

                   arising out of Bihra P.S. Case No. 251 of 2020 whereby and
Patna High Court CR. MISC. No.17991 of 2023(3) dt.30-03-2026
                                            2/3




          whereunder, the discharge petition under Section-227 of the

          Cr.P.C. has been rejected.

                       3. As per allegation, on 09-12-2020 at night, the co-

          accused Pritam Kumar, son of the petitioner No. 1 entered the

          informant's house and attempted to commit rape upon her 14

          years minor daughter. The co-accused Pritam Kumar was caught

          and the Officer-in-charge was called but in the meantime, the

          petitioners entered the house of the informant variously armed

          and they assaulted Manoj Chaudhary, Vikash Kumar, Baby Devi

          and others and also, snatched the articles from the house.

                       4. Learned counsel for the petitioners submits that this

          is a matter of love affairs between the son of petitioner No. 1

          and the girl, in question and the petitioners have no connection

          at all, in the alleged occurrence.

                       5. Love affairs with minor may not be a permissible

          defence but that case is specifically against co-accused Pritam

          Kumar which may only be thrashed out at the time of trial. The

          allegation against the petitioners is of assaulting two persons

          namely Vikash Kumar, Baby Devi and some unknown persons.

          During investigation, no injury report at all was brought on

          record to substantiate the allegation.

                       6. Cognizance has been taken for the offence
            Patna High Court CR. MISC. No.17991 of 2023(3) dt.30-03-2026
                                                        3/3




                      punishable under Sections-341, 323, 504, 506, 354(B), 452 and

                      509 of the Indian Penal Code and Section-8 of POCSO Act. The

                      said offences may not be made out against these persons

                      (petitioners) who were not present at the time of occurrence but

                      they have only been roped in the present case at the fag end of

                      the FIR to implicate all the family members.

                                   7. In such view of the matter, the order dated 30-01-

                      2023 passed in POCSO Case No. 55 of 2020 arising out of

                      Bihra P.S. Case No. 251 of 2020 by learned ADJ-VI-cum-Spl.

                      Judge (POCSO), Saharsa is quashed in respect of the petitioners

                      only.

                                   8. Accordingly, this application stands allowed.




                                                       (Ansul, J)
A.K.V.//-

U      T


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