Sunil Singh @ Sunil Kumar Singh @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20810 of 2021 Arising Out of PS. Case No.-235 Year-2020 Thana- KHAJAULI District- Madhubani ====================================================== SUNIL SINGH @ SUNIL KUMAR SINGH @ SUNIL KUMAR, SON OF VINAY SINGH @ VIJAY SINGH @ VIJAY KUMAR SINGH, R/O VILLAGE - RAMNA, WARD NO. 15, P.S. - JAYNAGAR, DISTRICT - MADHUBANI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-08-2021 Heard the parties in virtual Court.

Let the defects be removed within four weeks after start of the physical Court.

Petitioner seeks bail in a case registered for the offences punishable under Section 376 of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offenses Act, 2012.

According to statement of the prosecutrix, recorded under Section 164 Cr.P.C., the petitioner allegedly committed house trespassed and ravished her. Thereafter, the people got both married.

Learned counsel for the petitioner submits that the petitioner has also lodged a criminal case vide Annexure-5 alleging therein that he was forcefully kidnapped and was to get

Patna High Court CR. MISC. No.20810 of 2021(2) dt.21-08-2021 2/2 married with the victim of this case and, on refusal, the petitioner was got arrested by the police.

Submission is that the Doctor has not found any sign of rape.

Considering the conflicting evidence aforesaid as well as completion of investigation, let the petitioner, above named, be released 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 below where the case is pending in connection with Khajauli Police Station Case No. 235 of 2020, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T