Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18905 of 2019 Arising Out of PS. Case No.-444 Year-2018 Thana- BIKRAMGANJ District- Rohtas ====================================================== SUSHIL KUMAR Son of Satyendra Singh Resident of Mohalla - Shyam Nagar Bikramganj, P.S.- Bikarmaganj, Distt - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilesh Kumar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 376/354/34 of the Indian Penal Code and Sections-4, 12 & 17 of the POCSO Act, 2012.

The prosecution case, in short is that the in course of coming from coaching, the petitioner caught hold hand of informant's daughter and pushed her in house. It is also alleged that the petitioner established physical relation with the victim. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 30-11-2018. Charge sheet has already been submitted. The petitioner has been falsely

Patna High Court CR. MISC. No.18905 of 2019(3) dt.25-04-2019 2/2 implicated in the present case. The allegation made in the FIR is denied. The medical report does not suggest positive sign of rape. The present case has been instituted for oblique reason. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 learned Ist Additional Sessions Judge-cum-Special Judge (POCSO) Act, Rohtas at Sasaram in connection with Bikramganj P.S. Case No. 444 of 2018.

(Sudhir Singh, J) A.K.V.//- U T