Patna High CourtCR. MISC./847/2019bail granted

Amod Kumar @ Amod Ram v. The State Of Bihar

2019-02-15Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.847 of 2019 Arising Out of PS. Case No.-7 Year-2018 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== Amod Kumar @ Amod Ram, son of Ram Nath Ram, resident of village Khabra, P.S. Sadar, District Muzuffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Shashank Shekhar, Advocate Mr.Pravin Kumar, Advocate Mr. Udbhav, Advocate Ms. Sweta Kumari, Advocate.

For the Opposite Party/s :

Mr.Sri Akbar Ali, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 15-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 22.02.2018 in connection with Mahila P.S. Case No. 07 of 2018 for the offence registered under Sections 376 and 323 of the Indian Penal Code and Section 4/6 of the Prevention of Children from Sexual Offence (POCSO) Act.

Learned counsel for the petitioner submits that though the petitioner is an accused under Section 376 of the Indian Penal Code read with Section 4/6 of the POCSO Act, the medical report does not indicate any rape having been committed on the six years old child. It is further submitted that the petitioner is in custody for almost a year and has got no criminal antecedent. The prayer for bail was earlier rejected by

Patna High Court Cr.Misc. No.847 of 2019(2) dt.15-02-2019 2/2 this Court with liberty to the petitioner to approach this Court after framing of charge. It is further submitted that on 16.08.2018 charge has already been framed and the petitioner undertakes to cooperate in the investigation and appear before the trial Court as and when required so that the trial reaches to its logical conclusion.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, POCSO Act, Muzuffarpur in connection with Mahila P.S. Case No. 7 of 2018.

(Anjana Mishra, J) Jagdish/- U T