Patna High CourtCR. MISC./27803/2019bail granted

Maharaj Kumar Prakash v. The State Of Bihar

2019-08-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27803 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- KUCHILA District- Kaimur (Bhabua) ====================================================== Maharaj Kumar Prakash Son of Sri Bhagwan Ram, Resident of VillageMukhrawn, P.S-Kuchhila, District-Kaimur at Bhabhua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Alka For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 376 of the Indian Penal Code and Section-6 of the POCSO Act. Prosecution case in short is that the petitioner established physical relationship with the informant/victim and thereafter, the petitioner solemnized marriage with the victim. It is also alleged that the petitioner got assaulted her by his father and ousted from the house.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 12-03-2019. Charge sheet has already been submitted. The petitioner has been falsely

Patna High Court CR. MISC. No.27803 of 2019(5) dt.26-08-2019 2/2 implicated in the present case. On the pretext of marriage, physical relationship was established. Thereafter, the petitioner solemnized marriage with the victim. Later on, the informant was physically assaulted. The petitioner has been made accused in the present case due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Ist, Kaimur at Bhabua in connection with Kuchhila P.S. Case No. 05 of 2019 (POCSO Reg. No. 12 of 2019).

(Sudhir Singh, J) A.K.V.//- U T