Om Prakash Kushwaha @ Vikash Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.44868 of 2016 (2) dt.07-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44868 of 2016 Arising Out of PS.Case No. -17 Year- 2016 Thana -PURUSHOTTAMPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Om Prakash Kushwaha @ Vikash Kumar Son of Shambhu Prasad, resident of Village- Bhathuahwa, P.S.- Manpur, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Satyavrat Verma For the Opposite Party/s Sri Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 07.12.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends his arrest in connection with a case registered under sections 420, 376, 120B of the Indian Penal Code and section 4 of the POCSO Act.

Originally, informant filed complaint case which was converted into police case. The accusation against the petitioner is that he established physical relation with the informant who claims, herself, to be minor and subsequently, petitioner refused to solemnize his marriage with the informant. Submission on behalf of the petitioner is that he is student of B.Com (Hons) and, as a matter of fact, family members of the informant gave proposal of marriage but when the petitioner refused the aforesaid proposal, they set up the informant and got instituted this false case. It is further

Patna High Court Cr.Misc. No.44868 of 2016 (2) dt.07-12-2016 submitted that informant is major girl because medical board examined her on 19.7.2016 and found her aged about 17 to 19 years.

Considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/ surrender within six weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge Icum- Special Judge, Bettiah District West Champaran in Purushottampur P.S. Case no. 17/2016 subject to condition as laid down under section 438(2) of the Cr.P.C. shahid (Hemant Kumar Srivastava,J) U T