Purushottam Raj @ Sheru Kumar @ Purushottam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61571 of 2017 Arising Out of PS.Case No. -87 Year- 2017 Thana -SHEIKHOPUR SARAI District- SEKHPURA ====================================================== Purushottam Raj @ Sheru Kumar @ Purushottam Kumar, S/o Shankar Singh, R/o Village- Nimi, P.S.- Shekhopur Saray, District- Sheikhpura. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Kumar, Advocate. For the Opposite Party/s : Mr. Rana Randhir Singh, A.P.{/ ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in POCSO Case No. 33 of 2017 arising out of Shekhopur Saray P.S. Case No. 87 of 2017 instituted for the offence under Sections 363 and 366A/34 of the Indian Penal Code.
In the written report there is allegation by the father of the victim girl that his minor daughter has been kidnapped by this petitioner with the help of other co-accused persons. The victim girl has given her statement under Section 164 Cr. P.C. wherein she has stated her age to be 17 years and the Court has also assessed her age as 17 years. She has not levelled any allegation of specific overt act against this petitioner. She has stated in last portion of her statement that about two months back,
Patna High Court Cr.Misc. No.61571 of 2017 (3) dt.19-01-2018 2/3 she has established physical relationship with this petitioner in his house and she has not disclosed the matter to anybody. She has stated in her statement under Section 164 Cr. P.C. that this petitioner is her classmate and she knows him for the last 6-7 years.
The medical report of the victim girl has been annexed as Annexure-3 wherein the Doctor has found no external injury on the person of the victim girl. The Doctor has assessed her age between 16-17 years.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with POCSO Case No. 33 of 2017 arising out of Shekhopur Saray P.S. Case No. 87 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judge, Sheikhpura, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date
Patna High Court Cr.Misc. No.61571 of 2017 (3) dt.19-01-2018 3/3 fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if 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. (Sanjay Priya, J) S.Ali/- U T