Patna High CourtCR. MISC./27564/2020bail granted

Chandan Kumar v. The State Of Bihar

2020-10-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27564 of 2020 Arising Out of PS. Case No.-171 Year-2020 Thana- WAJIRGANJ District- Gaya ====================================================== CHANDAN KUMAR S/o Rajendra Das Resident of Village-Dakhingaon Tola, S.P.Nagar, P.S.-Wazirganj, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nand Kishore Prasad Sinha For the Opposite Party/s :

Mr.B.N Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-10-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Wazirganj P.S. Case No. 171 of 2020, registered for the offence punishable under Sections 452, 376 of the Indian Penal Code and section 4/6 of the POCSO ACt.

Petitioner is alleged to have committed rape with the informant's daughter.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. There is love affair between the petitioner and the victim girl. Petitioner is in custody since 24.04.2020 having clean antecedent as stated in para 3 of the petition.

Patna High Court CR. MISC. No.27564 of 2020(2) dt.19-10-2020 2/2 It appears that there is love affair between the petitioner and the victim girl and the victim girl is consenting party.

Considering the fact and statement of victim under Section 164 Cr.PC., the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge POCSO ACt, Gaya in connection with Wazirganj P.S. Case No. 171 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T