Bittu Kumar @ Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24124 of 2015 Arising Out of PS.Case No. -420 Year- 2014 Thana -DANAPUR District- PATNA ====================================================== Bittu Kumar @ Bittu Kumar son of Sunder Mahto, resident of Mainpura, Behind Mahabir Mandir, Danapur, P.S.- Danapur, District- Patna .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Md. Sufiyan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 14-07-2015 Heard learned counsels for the petitioner and the State.
The petitioner is languishing in custody since 12.01.2015 in a case registered for the offences punishable under Sections 376/511 of the Indian Penal Code.
The accusation is of making attempt to establish forceful physical relationship with 11 years old daughter of the informant.
It is submitted by learned counsel for the petitioner that even assuming the accusation no offence under Section 376/511 IPC is made out. Moreover, the informant has subsequently retracted from the initial version and filed a petition to that effect before the learned court below. The investigation has
Patna High Court Cr.Misc. No.24124 of 2015 (2) dt.14-07-2015 2/2 already concluded and the petitioner has been charge-sheeted under Sections 376/511 of the IPC and 12 of Protection of Children from Sexual Offence Act.
A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner, 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 1st Additional Sessions Judge, Patna in connection with Danapur P.S. Case No. 420 of 2014. (Dinesh Kumar Singh, J) DKS/- U T