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

Patna High Court Cr.Misc. No.6432 of 2017 (3) dt.22-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6432 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -SIKANDARA District- JAMUI ====================================================== Sunil Kumar @ Sunil Kumar Singh, Son of Sri Chandrika Mahto, resident of Village- Rata, P.S.- Halsi, District- Lakhisarai. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Pandey For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sikandra P.S. Case No. 05 of 2017, registered under Sections 376 and 506 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

The accusation is that petitioner came in touch of informant in course of ploughing the field through tractor and developed physical relation with her since two years on assurance to perform marriage. When the informant asked to perform the marriage then this petitioner refused and also threatened of dire consequences to her.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.6432 of 2017 (3) dt.22-03-2017 statement of victim-informant was recorded, under Section 164 Cr.P.C., in which, she stated that she wants to perform the marriage with this petitioner but he refused to perform the marriage. In the medical examination, age of the victim-informant has also been assessed as 19 years as detailed in paragraph 43 of the case diary. Further submission is that petitioner has no criminal antecedent and is in custody since 11.01.2017. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Ist Additional Sessions Judge, Jamui, in connection with Sikandra P.S. Case No. 05 of 2017. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T