Sunil Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.10998 of 2016 (2) dt.18-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10998 of 2016 Arising Out of PS.Case No. -50 Year- 2015 Thana -MAHILA P.S. District- PURNIA ====================================================== Sunil Kumar Son of Gulab Mistry resident of Lilaganj Kothi, Police Station Sadar, Distt. - Purnia .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vikram Singh, Advocate For the Opposite Party : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Mahila P.S. Case No. 50 of 2015 for the offences instituted under Sections 376(2) and 354(B) of the Indian Penal Code and Sections 3, 4 and 6 of the POCSO Act.

As per prosecution case, while the informant gave her fardbeyan on 13.08.2015 before Mahila P.S. Purnea that four days before she was standing in front of her house, then petitioner caught her hand and took away in the street which is situated before her house and opened her pant and does wrong work with the informant.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.10998 of 2016 (2) dt.18-04-2016 petitioner has got no criminal antecedent. The allegation made in the FIR was found false in course of investigation. The police submitted chargesheet for an offence under Section 354B of POSCO Act. The allegations to be false under Section 376(2) of the IPC.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Mahila P.S. Case No. 50 of 2015(Special Case No.44 of 2015) on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Ist Additional Sessions Judge-cum-Special Judge, Purnea, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) B.Kr./- U T