Sunny Kumar @ Sunny Raj Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8949 of 2020 Arising Out of PS. Case No.-20 Year-2017 Thana- MAHILA PS District- Gaya ====================================================== SUNNY KUMAR @ SUNNY RAJ GUPTA Son of Arjun Prasad Resident of Mohalla - Chandchaura, P.S.- Vishnupad, District - Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ritika Rani For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner is accused in connection with POCSO Case No. 43 of 2017 arising out of Mahila P.S. Case No. 20 of 2017 registered under Sections 366A, 376/34 of the I.P.C. and 4 of the POCSO Act.
Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in this case. Earlier, mother of the informant has lodged a case under section 366A/34 of the I.P.C. against the petitioner, his father, mother and brother of the present petitioner vide Annexure-2. Further submission is that the informant was also medically checked up by the Doctor in Vishnupad P.S. Case No. 70 of 2017 and was examined under section 164 Cr. P.C. (Annexure-
Patna High Court CR. MISC. No.8949 of 2020(2) dt.14-02-2020 2/2 3), in which she has accepted that she has gone at Deoghar where her father was not present then she came back. In the meantime, her mother filed a case. Further she states that she ran away because her mother used to assault her. Further, submission is that the victim, in her statement recorded under section 164 Cr. P.C., has changed her earlier version, as detailed in Annexure-5. Further he submits that on perusal of Annexure6, it appears that the informant is major. It is also submitted that petitioner has no criminal antecedent.
Having considered the above facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Spl. Judge, POCSO, Gaya in connection with POCSO Case No. 43 of 2017. (Arvind Srivastava, J) shailendra/- U T