Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6318 of 2018 Arising Out of PS. Case No.-33 Year-2017 Thana- MAHILA PS District- Aurangabad ====================================================== Subodh Kumar S/o Ramesh Singh, R/o Village- Patharkatti, P.S.- Daudnagar, District- Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lal Bahadur Singh For the Opposite Party/s :

Mr. SRI MANISH KUMAR 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Town (Mahila) P.S. Case No. 33 of 2017(G.R. No. 40/2017) registered for the offence punishable under Section 376D of the Indian Penal Code and Section 4 of the POCSO Act.

Allegation against the petitioner is of committing rape. It has been submitted on behalf of the petitioner that the petitioner has committed no offence and has been falsely implicated in this case due to village politics. It has further been submitted that from the statement of the victim girl recorded under Section 164 of the Cr.P.C, it is clear that victim has named another accused not the petitioner for committing rape on her. Petitioner has got no criminal

Patna High Court Cr.Misc. No.6318 of 2018(3) dt.28-02-2018 2/2 antecedent and is in custody since, 08.10.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 1st cum Spl Judge, Aurangabad in connection with Town (Mahila) P.S. Case No. 33 of 2017.

(S. Kumar, J) ranjan/- U