Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69396 of 2018 Arising Out of PS. Case No.-136 Year-2018 Thana- BARBIGHA District- Sheikhpura ====================================================== Suraj Kumar, S/o Sunil Ram @ Sunil Kumar, Resident of Village- Samachak, P.S.- Barbigha, District- Sheikhpura.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Syed Rizwanul Haque, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 30-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Barbigha (Mission OP) P.S. Case No.136 of 2018 instituted for the offence under Section(s) 363, 366-A/34 and 376 Indian Penal Code and Section 8 of the POCSO Act.

Counsel for the petitioner submits that victim has been examined medically and the doctor has not found any injury on her private part or on her body. The Medical Board has assessed her age between 18-19 years. The victim has given statement under Section 164 Cr.P.C., wherein, she has stated her age as 17 years and the Court has also assessed her age as 17 years. In the statement recorded under Sectin164 Cr.P.C., the victim has stated that she had gone to Kolkata and Mumbai with

Patna High Court Cr.Misc. No.69396 of 2018(2) dt.30-11-2018 2/2 this petitioner. It is alleged that he has committed illegal act forcibly with her.

From the statement of victim, it appears that victim is aged about 17 years and she has travelled to different places with the petitioner. No sign of injury was found either on her private part or on her body.

Petitioner is in custody since 23.07.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 the 1st Additional Sessions Judge, Sheikhpura, in connection with Barbigha (Mission OP) P.S. Case No.136 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T