Patna High CourtCR. MISC./22963/2019bail granted

Ramesh Vishwakarma v. The State Of Bihar

2019-05-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22963 of 2019 Arising Out of PS. Case No.-307 Year-2018 Thana- NARHATT District- Nawada ====================================================== Ramesh Vishwakarma Son of Surendra Vishwakarma @ Surendra Mistri, Resident of Village-Chandni Chauk, Narhat, Police Station-Narhat, DistrictNawadah. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 342, 376D/34 of the Indian Penal Code as well as Section 4 of POCSO Act and Sections 66/67(c) of I.T. Act. Allegation is that the petitioner forcibly established physical relation with the victim.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.11.2018 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. The medical examination report does not indicate any commission of rape. Though there was relationship

Patna High Court CR. MISC. No.22963 of 2019(3) dt.07-05-2019 2/2 for last 3-4 months, but no complaint was raised by the victim. On behalf of the State, 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 1st Additional Sessions Judge, Nawadah in connection with Special (POCSO) case No.73 of 2018 arising out of Narhat P.S. case No.307 of 2018.

(Sudhir Singh, J) Narendra/- U T