Manoj Das And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52561 of 2017 Arising Out of PS.Case No. -68 Year- 2015 Thana -KHUTAUNA District- MADHUBANI ======================================================

1. Manoj Das, Son of Abadh Das @ Abadhu Das,

2. Raju Das, Son of Durganand Das, Both are resident of Village- Bela, P.S.- Khutauna, District- Madhubani.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rana Bhupendra Narayan Singh For the Opposite Party/s : Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 12-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend arrest in connection with Khutauna P.S. Case No. 68 of 2015 registered under Section 376(G) of the Indian Penal Code and section 4 of the POCSO Act. Learned counsel appearing on behalf of the petitioner submits that on perusal of Medical Report, it appears that the age of the victim has been opined as 16-17 years and there is no sign of rape. Further submission is that the victim in her statement recorded under section 164 Cr. P.C. specifically stated that no one has committed rape upon her.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the

Patna High Court Cr.Misc. No.52561 of 2017 (3) dt.12-12-2017 2/2 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 1st Additional Sessions Judge-cumSpecial Judge, Madhubani in connection with Khutauna P.S. Case No. 68 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) Shailendra/- U T