Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20432 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- BAJPATTI District- Sitamarhi ====================================================== RAHUL KUMAR Son of Satrudhan Rai, Resident of Village-Raipur (Guruji) Tole, P.S-Bajpatti, District-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 376/511 of the Indian Penal Code and Section-8/12 of the POCSO Act.

Allegation against the petitioner is of attempting to commit rape upon the informant's daughter.

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 16-01-2019. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case for oblique reason. There is no commission of rape alleged against the petitioner. At best, it is a

Patna High Court CR. MISC. No.20432 of 2019(2) dt.18-04-2019 2/2 case for the offence under Section-354 of the Indian Penal Code .

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 I/c A.D.J. -Ist, Sitamarhi in connection with Bajpatti P.S. Case No. 17 of 2019. (Sudhir Singh, J) A.K.V.//- U T