Patna High CourtCR. MISC./15522/2020allowed

Wakil Rishideo v. The State Of Bihar

2020-07-06Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15522 of 2020 Arising Out of PS. Case No.-170 Year-2019 Thana- MURLIGANJ District- Madhepura ====================================================== WAKIL RISHIDEO S/o Bhatan Rishideo Resident of Village- Sakhua Tola Gopali, Ward No.13, P.S.- Murliganj, Distt- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-07-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The defects as pointed out by the office are ignored for the present and the learned counsel for the petitioner is directed to remove the defects as pointed out by the office within four week of regular Court.

The petitioner seeks bail in connection with POCSO Case No.19 of 2019 arising out of Murliganj P.S. Case No. 170 of 2019 for the offence under Sections 376 of the Indian Penal Code and Section 4 of the POCSO Act.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the

Patna High Court CR. MISC. No.15522 of 2020(4) dt.06-07-2020 2/2 occurrence took place on 20.05.2019 whereas the F.I.R. has been lodged on 24.05.2019 after lapse of four days without explaining the plausible delay. Moreover, the victim has been medically examined and her age has been assessed as 17-19 years, which is evident from Annexure-2. The doctor has not found any internal or external injury on the person of the victim but pregnancy of four weeks has been found by the doctor, which his evident from Annexure-3. The petitioner is rotting in judicial custody since26.08.2019.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing his personal bond to the satisfaction of learned A.D.J. -cum- Special Judge, Madhepura in connection with POCSO Case No. 19 of 2019 arising out of Murligang P.S. Case No. 170 of 2019.

(Arvind Srivastava, J) brajesh/- U T