Patna High CourtCR. MISC./12556/2019bail granted

Gaurav Kumar v. The State Of Bihar

2019-04-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12556 of 2019 Arising Out of PS. Case No.-58 Year-2018 Thana- MAHILA PS District- Khagaria ====================================================== Gaurav Kumar Son of Shashi Bhushan Singh, Resident of VillageRamchandrapur, Police Station-Maheshkhunt, District-Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Viveka Nandsingh For the State :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Sections 376, 323 of the Indian Penal Code and 3/4 of POCSO Act.

Allegation is that the accused persons committed rape upon the victim.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.11.2018 and has got no criminal antecedent. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioner. Petitioner has falsely been implicated in the present case. There was love affair between the petitioner and the victim. Same was not accepted by the father of the

Patna High Court CR. MISC. No.12556 of 2019(3) dt.18-04-2019 2/2 victim. As per the medical report, there is no positive finding on the point of rape.

On behalf of the State and learned counsel for the informant, it is 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 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, POCSO, Khagaria in connection with POCSO case No.32 of 2018 arising out of Mahila P.S. case No.58 of 2018.

(Sudhir Singh, J) Narendra/- U T