Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26162 of 2016 Arising Out of PS.Case No. -158 Year- 2016 Thana -BARAUNI District- BEGUSARAI ====================================================== Chhotu Kumar, Son of Suraj Paswan, Resident of village- Asurari, P.S.- Barauni, District- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 376, 511 of the Indian Penal Code.

Petitioner is in jail custody since 12.5.2016 on the accusation that he made attempt to commit rape on minor girl who was 17 years old at the time of alleged occurrence. Submission on behalf of the petitioner is that there is three days delay in institution of the present case and the statement of informant has not been recorded under Section 164 Cr.P.C. It is further submitted that as a matter of fact, no such occurrence as alleged in the written report had ever taken place but the informant lodged this case on account of some enmity.

Patna High Court Cr.Misc. No.26162 of 2016 (4) dt.18-07-2016 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cum-Special Judge POCSO Act, Begusarai in connection with POCSO Case No.18 of 2016 arising out of Barauni P.S. Case No.158 of 2016. (Hemant Kumar Srivastava, J) N.H./- U T