Nawal Kumar @ Nowal Kumar Poddar v. The State Of Bihar

Patna High Court Cr.Misc. No.49386 of 2015 (3) dt.02-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49386 of 2015 Arising Out of PS.Case No. -36 Year- 2015 Thana -INDUSTRIAL District- BHAGALPUR ======================================================

1. Nawal Kumar @ Nowal Kumar Poddar Son of Dinesh Kumar Poddar @ Dinesh Sah Resident of Mohalla - Maya Ganj, Mistri Lane, P.S. Barari, District Bhagalpur.... .... Petitioner

Versus

1. The State of Bihar. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Manoj Kumar For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Industrial Area P.S. Case No. 36 of 2015 registered for the offences punishable under Sections 341, 323, 366A, 504/34 of the Indian Penal Code and Sections 3(i) (x) of SC/ST (Prevention of Atrocities) Act. Allegedly, the petitioner kidnapped Laxmi Kumari the minor daughter of the informant. During investigation the victim girl was released and her statement has been recorded under Section 164 Cr.P.C. wherein she has supported the allegation of kidnapping but has not stated that she was sexually assaulted by the petitioner or by any one.

Submission is of false implication and that there is vital contradiction in the statement of the victim girl from the fardbeyan, the victim girl has been medically examined by the

Patna High Court Cr.Misc. No.49386 of 2015 (3) dt.02-02-2016 doctor also but no sign of sexual intercourse was found, there is no eye witness of the occurrence, no independent witness has supported the prosecution version and the petitioner who is suffering in custody since 29.04.2015 deserves sympathetic consideration to which learned APP opposes by submitting that the victim has supported the allegation of kidnapping. In the facts and circumstances stated above, considering that the victim girl has not stated regarding any sexual assault committed against her by the petitioner, the petitioner above named is directed to be released on bail on execution of bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Industrial Area P.S. Case No. 36 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T