Suman Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14766 of 2019 Arising Out of PS. Case No.-505 Year-2018 Thana- NARPATGANJ District- Araria ====================================================== SUMAN SINGH, Son of Sri Jagdeesh Singh, Resident of Village- Kundilpur, Ward No. 02, P.S.- Narpatganj, District- Araria. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Mritunjay Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2019 Petitioner seeks bail in anticipation of his arrest in connection with Narpatganj P.S. Case No. 505 of 2018, registered for the offences punishable under Sections 376, 313, 506, 34 of the Indian Penal Code and Section 4 of POCSO Act. Allegation against the petitioner is of having sexual relationship with the minor victim and thereafter she became pregnant and he got it aborted.

Submission of learned counsel for the petitioner is that the allegation is false and concocted and furthermore in medical examination her age was assessed at 17-20 years and according to FIR even if the allegation is true, she is a consensual party and earlier there was litigation in between the petitioner and one Anil Kumar Singh and that Anil Kumar Singh is a witness to the protest petition filed by the lady.

Patna High Court CR. MISC. No.14766 of 2019(3) dt.01-05-2019 2/2 Heard learned APP also.

Having heard both sides and in the facts and circumstances, let petitioner, above named, surrender and on surrender he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I, Araria, in connection with Narpatganj P.S.Case No. 505 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further condition is that petitioner has to co-operate in the investigation and appear before the police as and when required, otherwise his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U T