Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5581 of 2019 Arising Out of PS. Case No.-512 Year-2018 Thana- BODHGAYA District- Gaya ====================================================== Rajesh Kumar son of Amrika Maharaj Resident of village-Naravat, P.S.-Atari, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Dubey For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 376 of the Indian Penal Code and 6 of POCSO Act. Allegation is that the petitioner committed rape upon the victim.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.08.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The victim is said to be the sister-in-law of the petitioner. As per the medical report, there is no positive sign of commission of rape. The said medical report is Annexure 2 to

Patna High Court CR. MISC. No.5581 of 2019(4) dt.30-04-2019 2/2 the present application.

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 Additional District & Sessions Judge 1st-cum-Special Judge (POCSO Act), Gaya in connection with Bodh Gaya P.S. case No.512 of 2018. (Sudhir Singh, J) Narendra/- U T