Sintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36420 of 2021 Arising Out of PS. Case No.-24 Year-2020 Thana- MAHILA P.S. District- Madhepura ====================================================== 1.

SINTU KUMAR Son of Shiwan Yadav, Resident of Village- Jorgama, Ward No. 01, P.S.- Murliganj, District- Madhepura. 2.

Pintu Yadav Son of Shiwan Yadav, Resident of Village- Jorgama, Ward No. 01, P.S.- Murliganj, District- Madhepura.

3.

Roushan Kumar Son of Nandan Yadav, Resident of Village- Jorgama, Ward No. 01, P.S.- Murliganj, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-02-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State through video conferencing.

The petitioners apprehend their arrest in connection with Madhepura (Mahila) P.S. Case No. 24 of 2020 registered for offence punishable under sections 376 (D) A and 506 read with 34 of the Indian Penal Code and section 4 of the POCSO Act. The Additional Sessions Judge-VI, Madhepura in his order dated 05.03.2021, has mentioned that in the statement under

Patna High Court CR. MISC. No.36420 of 2021(4) dt.15-02-2022 2/2 section 161 of the Code of Criminal Procedure, the alleged victim has not supported the allegation of rape, but only of assault. Similarly, in her statement under section 164 of the Code of Criminal Procedure, she has not supported the allegation of rape. As submitted, there was previous enmity between both the parties. Considering the above mentioned facts and circumstances, the petitioners above named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge (POCSO), Madhepura in connection with Madhepura (Mahila) P.S. Case No. 24 of 2020, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) Mahesh/- U T