Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10634 of 2020 Arising Out of PS. Case No.-315 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== SUNNY KUMAR Son of Binod Sah Resident of Village - Bagha, P.S.- Lohiya Nagar Town, Distt - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-03-2020 Heard learned counsel for the parties.

This application for regular bail arising out of POCSO Case No. 61 of 2019 arising out of Begusarai Town (Ratanpur O.P.) P.S. Case No. 315 of 2019, disclosing offences punishable under Section 366A of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner has taken me to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, 1973 and has submitted that entire allegation of her kidnapping and forcible sexual assault are belied. On perusal of the statement of the victim under Section1 64 of the Cr.P.C, I find substance in the submission made on behalf of the petitioner.

This application is, accordingly, allowed.

Patna High Court CR. MISC. No.10634 of 2020(2) dt.02-03-2020 2/2 Let the petitioner above-named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the liken amount each to the satisfaction of the learned Additional Sessions Judge-1-cum- Special Judge, POCSO Act, Begusarai in POCSO Case No. 61 of 2019 arising out of Begusarai Town (Ratanpur O.P.) Case No. 315 of 2019. (Chakradhari Sharan Singh, J) arun/- U