Nitesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30868 of 2022 Arising Out of PS. Case No.-11 Year-2022 Thana- JHANJHARPUR District- Madhubani ====================================================== NITESH KUMAR SINGH Son of Ram Ekbal Singh Resident of Village - Lawani, Ward No.- 9, P.S. - Jhanjharpur (Araria Sangram O.P.), District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Jha For the Opposite Party/s :
Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-11-2022 Heard learned counsel for the parties.
The petitioner apprehends his arrest in a case registered for the offence under Sections 363, 366 of the Indian Penal Code and Sections 4 / 6 of POCSO Act.
It is submitted on behalf of petitioner that the victim, in her statement recorded under Section 164 Cr.P.C., has categorically denied the prosecution case and stated that she out of her own will went with this petitioner. As per medical report, there is no sign of sexual assault on the person of victim and Board has assessed her age about 20 years. Petitioner has got clean antecedent.
Considering the aforesaid facts and circumstances as well as statement of the victim recorded under Section 164 Cr.P.C., in the event of arrest/surrender within a period of six
Patna High Court CR. MISC. No.30868 of 2022(3) dt.24-11-2022 2/2 weeks from today, let the above named petitioner 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 learned 7th A.D.J.-cum-Special Judge (POCSO Act), Madhubani in connection with Jhanjharpur (Araria Sangram O.P.) P.S. Case No. 11 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay/- U T