Patna High CourtCR. MISC./57950/2015bail granted

Suman Kumar v. The State Of Bihar

2016-01-04Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57950 of 2015 Arising Out of PS.Case No. -197 Year- 2015 Thana -BELDAUR District- KHAGARIA ======================================================

1. Suman Kumar Son of Subodh Singh Resident of Village - Shekhpura, P.S.- Muffasil, District - Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. B.Ram (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-01-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The present case has been registered on the basis of written report, submitted by the victim, who levelled allegation of kidnapping and rape against the petitioner. The victim disclosed her age as 16 years whereas; she was found aged about 18 years by the learned Magistrate, who recorded the statement of victim u/S 164 of the Cr.P.C. and similarly, the victim was found between 17-18 years of age by the doctor, who had examined the victim after institution of the present case. Learned counsel for the petitioner points out that prior to institution of the present case, the victim had filed complaint case bearing Complaint Case No. 1733 of 2015 in which, the

Patna High Court Cr.Misc. No.57950 of 2015 (2) dt.04-01-2016 2/2 learned Chief Judicial Magistrate, Bhagalpur directed the police officials to inquire into the allegation and to submit a report. Police after due inquiry, submitted report finding the accusation untrue.

Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Beldaur P.S. Case No. 197 of 2015 to the satisfaction of Sri P.C. Verma, J.M.-Ist Class, Khagaria. (Hemant Kumar Srivastava, J) A.K.V./- U T