Patna High CourtCR. MISC./20457/2019bail granted

Anand Kushwaha v. The State Of Bihar

2019-05-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20457 of 2019 Arising Out of PS. Case No.-108 Year-2018 Thana- MAHILA P.S. District- Araria ====================================================== Anand Kushwaha Son of Sri Ram Kushwaha, Resident of Gwalior City, P.SMurar, District-Gwalior (Madhya Pradesh). ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Amit Kumar, Advocate For the State :

Mr. Anish Chandra, APP For the Informant :

Mr. Mukesh Kr. Rana, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Sections 376 of the Indian Penal Code and 3⁄4 of POCSO Act. Allegation is that the petitioner after allurement used to commit rape upon the victim.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.11.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. As per the medical report, the age of the victim is said to be 20 years. No positive sign of rape has been found in course of medical examination made by the doctor. For

Patna High Court CR. MISC. No.20457 of 2019(3) dt.01-05-2019 2/2 oblique reason the present case has been instituted. On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the 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 Addl. Sessions-cum-Spl. Judge, Araria in connection with Mahila P.S. (Araria) case No.108 of 2018 arising out of Special case No.52 of 2018.

(Sudhir Singh, J) Narendra/- U T