Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10545 of 2024 Arising Out of PS. Case No.-903 Year-2023 Thana- BIHTA District- Patna ====================================================== Deepak Kumar S/o Sanjay Kumar Chandravanshi R/o vill - Betaura Bagicha (Beur), P.s. - Beur, Distt. - Patna, Bihar ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kundan Kumar Ojha For the Opposite Party/s :
Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Bihta P.S. Case No. 903 of 2023 dated 12.09.2023 registered for the offences punishable u/s 376 and 506 of the Indian Penal Code and section 4 and 6 of the POCSO Act.
3. As per the prosecution case, the petitioner is alleged to have taken the informant to various hotels and established physical relationship and impregnated her, thereafter, he denied to identify her and threatened to not complain to police otherwise he would kill her and her family members.
Patna High Court CR. MISC. No.10545 of 2024(5) dt.08-07-2024 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The victim is aged about 17-19 years. The victim in her statement recorded u/s 164 of the Cr.P.C. on 16.09.2023 has stated that she is pregnant for one and a half month but as per the medical report conducted on 12.09.2023, the petitioner was not found pregnant. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.09.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the victim is a minor girl.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Bihta P.S. Case No. 903 of 2023, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without
Patna High Court CR. MISC. No.10545 of 2024(5) dt.08-07-2024 3/3 reasonable cause, the bail bond of the petitioner is liable to cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T