Khilari Singh @ Kheladi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7381 of 2022 Arising Out of PS. Case No.-73 Year-2018 Thana- MAHILA P.S. District- Siwan ====================================================== KHILARI SINGH @ KHELADI SINGH SON OF LATE PRAHLAD SINGH RESIDENT OF VILLAGE- SATWAR, POLICE STATION- G.B. NAGAR, DISTRICT- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mrs.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 376(D) of the Indian Penal Code and u/s 4/8 of POCSO Act.

Learned counsel appearing for the petitioner submits that specific accusation of sexual assault is against co-accused, Rahul Kumar and so far this petitioner is concerned there is general and omnibus allegation of assault. It is further submitted that the victim has been examined by the medical Board but no sign of recent sexual activity was found. The medical Board has assessed the age of victim between 18-19 years. Petitioner has got clean antecedent.

Learned counsel appearing for the State opposes the

Patna High Court CR. MISC. No.7381 of 2022(5) dt.01-11-2022 2/2 prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, POCSO Act, Siwan in connection with Siwan Mahila PS case No. 73/ 2018, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T