Suraj Pasi @ Suraj Kumar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8162 of 2019 Arising Out of PS. Case No.-264 Year-2018 Thana- ITARHI District- Buxar ====================================================== Suraj Pasi @ Suraj Kumar Choudhary Son of Kameshwar Pasi @ Kameshwar Choudhary Resident of Village - Kukurha, P.S. Itarhi, District Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satyapal Singh For the Opposite Party/s :
Mr.Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2019 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 4 of POSCO 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 12.10.2018. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioner. Petitioner has falsely been implicated in the present case. As per the medical Board report, the age of the victim is said to be 18-19 years. No positive finding has come in respect of commission of rape. Medical evidence does not support the allegations of rape. The
Patna High Court CR. MISC. No.8162 of 2019(3) dt.18-04-2019 2/2 alleged date of occurrence is 07.10.2018 and the case was registered on 10.10.2018.
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 A.D.J.-I-cumSpecial Judge, POCSO Act, Buxar in connection with Itarhi P.S. case No.264 of 2018.
(Sudhir Singh, J) Narendra/- U T