Patna High CourtCR. MISC./49325/2018disposal with observation

Kaushal Yadav @ Kaushal Kumar Yadav v. The State Of Bihar

2018-10-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49325 of 2018 Arising Out of PS.Case No. -50 Year- 2018 Thana -PARAIYA District- GAYA ======================================================

1. Kaushal Yadav @ Kaushal Kumar Yadav Son of Mundrika Yadav Resident of Village- Sadopur, P.S. Guraru, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Sanjeev Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-10-2018 Heard the parties.

The petitioner seeks regular bail in connection with Paraiya P.S.Case No. 50 of 2018, registered for offences punishable under Sections376 of the Indian Penal Code and 8/12 of POCSO Act.

Allegation as per F.I.R. against the petitioner is of committing rape upon the informant on the pretext of marriage. Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and statement of the victim girl recorded under Section 164 Cr. P. C. in which she disclosed that there was love affairs between them and they have already married and now she is pregnant and the petitioner is ready to keep the informant with him and the petitioner is in custody since 12.04.2018.

Heard learned A.P.P. as well as learned counsel for the

Patna High Court Cr.Misc. No.49325 of 2018 (2) dt.03-10-2018 2/2 informant submits that the victim lady only desires to live with the petitioner.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, be released on provisional bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-1-cum- Special Judge (POCSO ) Act, Gaya in connection with Paraiya P.S.Case No. 50 of 2018, subject to the conditions that the petitioner will keep the informant with himself and after verifying the conduct of the petitioner with the informant for six months, his bail bond shall be confirmed otherwise he is free to cancel his bail bonds. Accordingly this application is disposed of.

(Vinod Kumar Sinha, J) Sudha/- U