Suman Kumar Soni @ Balo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23688 of 2017 Arising Out of PS.Case No. -12 Year- 2017 Thana -MAHILA PS District- KHAGARIA ======================================================
1. Suman Kumar Soni @ Balo Son of Laxmi Sah Resident of VillageParihara, P.S.-Bakhari, District-Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bharat Bhushan For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-06-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Khagaria Mahila P.S. Case No. 12 of 2017 instituted for the offence under Section-376 of the Indian Penal Code and 3⁄4 of the POCSO Act.
As per written report, the petitioner on the pretext of marrying the informant, established physical relationship with her from 04-02-2016 till 24-02-2017 and thereafter, he refused to marry with her.
Learned counsel for the petitioner submits that the girl was medically examined and the doctor found her age to be 17-18 years. The police after completion of investigation, submitted charge sheet against the petitioner for the offence under Sections376, 493 of the Indian Penal Code. The doctor has found no external injury or spermatozoa. The girl was found habitual to
Patna High Court Cr.Misc. No.23688 of 2017 (3) dt.28-06-2017 2/2 sexual intercourse during the medical examination. The victim girl in her statement u/S 164 of the Cr.P.C. has stated her age to be 16 years. The court has assessed her age as 13 years. From the allegation made in the written report as well as the statement of the victim recorded u/S 164 of the Cr.P.C., it appears that the informant was consenting party in establishing physical relationship. As per medical report, her age was 17-18 years. The charge sheet has already been submitted in the case. In such circumstances, the prayer for bail is allowed and the petitioner named above, is directed to 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 Khagaria Mahila P.S. Case No. 12 of 2017 to the satisfaction of learned Additional Sessions Judge-Ist, Khagaria subject to condition that both the bailors should be close relatives of the petitioner. (Sanjay Priya, J) A.K.V./- U T