Patna High CourtCR. MISC./3298/2022disposed

Pintu Kumar v. The State Of Bihar

2022-05-18Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3298 of 2022 Arising Out of PS. Case No.-72 Year-2021 Thana- KAJRAILICHAK District- Bhagalpur ====================================================== PINTU KUMAR S/o Sanoj Mandal Throgh his Mother namely Anju Devi, aged about 30 years, Female, Wife of Sanoj Mandal as Legal Representative, R/o village- Kajraili, P.S.- Kajraili, District- Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Indeshwari Prasad Mandal, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-05-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 26.08.2021, seeks regular bail in connection with Special Case (Children) No. 25 of 2021 arising out of Kajraili P.S. Case No. 72 of 2021 registered for offences punishable under Sections 376/504 of the Indian Penal Code and Section 4/6 of the POCSO Act. Prosecution case in brief is that petitioner had made physical relation with the daughter of the informant on the pretext of marriage.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.3298 of 2022(2) dt.18-05-2022 2/2 submits that petitioner is innocent and has falsely been implicated in the present case. Petitioner is a student and he is in custody since 26.08.2021.

Taking into consideration the specific statement made in paragraph no. 8 of the bail application, the Court below is directed to record the statement of the victim girl as well as the statement of the mother and father of the victim and the petitioner and all the other necessary witnesses whose statement has been recorded under Section 161 Cr.P.C. in course of investigation, if the Court below finds it proper in facts and circumstances of the case, shall pass necessary order in accordance with law, without being prejudiced by the earlier order dated 16.12.2021.

With above observation, the present bail application is disposed of.

(Purnendu Singh, J) Niraj/- U T