Md. Shibu v. The State Of Bihar

Patna High Court Cr.Misc. No.19354 of 2016 (7) dt.29-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19354 of 2016 Arising Out of PS.Case No. -399 Year- 2015 Thana -CIVIL LINE District- GAYA ====================================================== Md. Shibu, son of Md. Khalid, resident of Nadraganj, P.s.- Civil Line, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kunwar Narayan Jamuar, Advocate. For the Opposite Party/s : Mr. Subash Chandra Mishra (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-06-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Civil Line P.S. Case No. 399 of 2015 registered under Section 376 of the Indian Penal Code.

The accusation is that the victim-informant had gone to Sasural of her brother, where the petitioner developed physical relation with her on assurance to perform the marriage. Later on, petitioner refused to perform the marriage with her. Learned counsel for the petitioner submits that, in fact, petitioner is the brother-in-law of the step brother of victim and only to give pressure to perform the marriage by the petitioner with the victim, the present false case has been lodge. It is further

Patna High Court Cr.Misc. No.19354 of 2016 (7) dt.29-06-2016 submitted that the victim has been examined by the Doctor and her age has been assessed as 19 years.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-Ist-Cum-Special Judge (POCSO) Act, Gaya, in connection with Civil Line P.S. Case No. 399 of 2015/ POCSO Case No. 84 of 2015. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T