Patna High CourtCR. MISC./49223/2018bail granted

Bijendra Singh @ Bijendra Kr. Singh @ Bijendra Kumar Singh v. The State Of Bihar

2018-08-09Mr. Justice Arun Kumar1 pages

Patna High Court Cr.Misc. No.49223 of 2018 (2) dt.09-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49223 of 2018 Arising Out of PS.Case No. -45 Year- 2018 Thana -NAWANGAR District- BUXAR ====================================================== Bijendra Singh @ Bijendra Kr. Singh @ Bijendra Kumar Singh, son of Hazari Singh, r/o Village Bharkunda, PS Nawanagar, District Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Roy For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 09-08-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 24.4.2018, seeks bail in Nawanagar PS Case No. 45 of 2018 registered under Section 376 of the IPC and Section 8/11 of the Pocso Act.

Accusation is that the petitioner used to call the prosecutrix in his house for last two - three years and used to establish sexual relationship on the pretext of getting married with her but after becoming pregnant he refused to marry.

Learned Counsel for the petitioner submits that the police has submitted charge-sheet only under Section 376 IPC as the case was not found true under the Pocso Act as the girl was found major 19 - 20 years of age, there is also absence of any evidence regarding her pregnancy and the allegations itself reflects that it was a consensual relationship.

Having considered the said facts and circumstances, the petitioner, namely, Bijendra Singh @ Bijendra Kr. Singh @ Bijendra Kumar Singh is directed to 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 Additional Sessions Judge Ist - cum- Special Judge (Pocso Act) Buxar in connection with Nawanagar PS Case No. 45 of 2018.

Snkumar/- (Arun Kumar, J) U T