Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6129 of 2022 Arising Out of PS. Case No.-212 Year-2014 Thana- GORAUL District- Vaishali ====================================================== Mukesh Kumar S/o Shivjee Singh R/o village- Bakhari Doa, P.S.- Goraul (Kathara O.P.), District- Vaishali ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr. APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in a case registered for the offences punishable under Sections 376, 341, 323, 354, 506/34 of Indian Penal Code and Section 4/6 of POCSO Act. Allegedly this petitioner forcefully sexually exploited informant aged about 40 years and continued to establish the sexual relationship with her by giving threat to her and thereafter the informant conceived and became pregnant which was revealed by her to her family members and then her family members made inquiry from the accused persons who assaulted

Patna High Court CR. MISC. No.6129 of 2022(2) dt.21-06-2022 2/2 them.

The main submissions advanced by learned counsel for the petitioner are that in the petitioner's case trial has commenced and all the private witnesses including the victim have been examined and they went hostile and copy of their statements have been filed alongwith this criminal miscellaneous petition. Further submission is that the petitioner has been languishing in jail since 2.3.2020 and only official witnesses are left to be examined.

Learned APP has opposed the prayer for bail.

In view of the above submissions as well as considering the so called victim's statement recorded by her during course of trial in which she did not support the allegation made in the FIR and she went hostile and also considering the petitioner's custody period, let the 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 concerned Court in connection with Goraul P.S. case No. 212 of 2014. (Shailendra Singh, J) siddharthkr/- U T