Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26466 of 2019 Arising Out of PS. Case No.-16 Year-2018 Thana- MAHILA PS District- Jehanabad ====================================================== RAJESH KUMAR Son of Surendra Singh @ Surendra Prasad Singh Resident of Village - Kramchand Bigha @ Bhikhanpur Dhewai, P.S.- Mehandia, Distt.- Arwal at Present in the indian Army in Punjab. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiw Kumar Prabhakar For the Opposite Party/s :

Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Arwal Mahila P.S. Case No. 16 of 2018 registered under Section 376 of the Indian Penal Code and section 4 of the POCSO Act.

Learned counsel appearing on behalf of the petitioner submits that petitioner has no criminal antecedent. He is innocent and has falsely been implicated in the present case due to ulterior motive. Further submission is that it would appear from the first information report itself that there was no question of taking away the informant forcibly and committing rape by the petitioner. Further submission is that on perusal of

Patna High Court CR. MISC. No.26466 of 2019(4) dt.10-07-2019 2/2 Annexures-2 and 3, it appears that petitioner is an Army Personnel. At the relevant time, he was out of State for training, so there is no chance of committing the alleged offence or any mischief.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I, Jehanabad in connection with Arwal Mahila P.S. Case No. 16 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) shailendra/- U Ts