Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52890 of 2016 Arising Out of PS.Case No. -287 Year- 2015 Thana -RAJAULI District- NAWADA ======================================================

1. Niraj Kumar, son of Dinesh Raut, Resident of Village- Kunjaila, P.S.- Roh, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhakar Mishra, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is languishing in custody for the offences punishable under Section 376 of the Indian Penal Code and Sections 4/6/8 of the POCSO Act.

The statement of the victim girl, under Section 164 Cr.P.C., reveals that the matter is of love affairs and consensual sex though she has alleged forceful sex at Delhi with the petitioner.

Notice was issued to Opposite Party No.2 for reconciliation but she did not come and the petitioner has filed affidavit that she has married with another boy. Considering the facts and circumstances, let

Patna High Court Cr.Misc. No.52890 of 2016 (6) dt.11-04-2017 2/2 petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Nawada/Successor Court, in connection with POCSO Case No.35 of 2015, arising out of Rajauli P.S. Case No.287 of 2015, with condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioner in this case.

(Birendra Kumar, J) Mkr./- U T