Patna High CourtCR. MISC./3897/2019bail granted

Ashish Kumar v. The State Of Bihar

2019-04-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3897 of 2019 Arising Out of PS. Case No.-19 Year-2018 Thana- MAHILA PS District- East Champaran ====================================================== Ashish Kumar S/o Acchelal Pasawan resident of village Amawa PS Kotwa Distt East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 493, 376 of the Indian Penal Code and Section 4 of POCSO Act.

Allegation is that the petitioner committed rape upon the victim for last five years on assurance of marriage. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.12.2018 and has got no criminal antecedent. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioner. Petitioner has falsely been implicated in the present case. The allegations of establishing physical relationship with the victim on the pretext of marriage is denied

Patna High Court CR. MISC. No.3897 of 2019(4) dt.18-04-2019 2/2 by the petitioner. There is no medical examination report in support of the allegations made by the victim. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran in connection with Mahila P.S. case No.19 of 2018.

(Sudhir Singh, J) Narendra/- U