Singh Ashutosh K Narayan @ Ashutosh Kumar Singh @ Ashutosh Singh @ Ashutosh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33150 of 2020 Arising Out of PS. Case No.-17 Year-2017 Thana- MAHILA P.S. District- Saran ====================================================== SINGH ASHUTOSH K NARAYAN @ ASHUTOSH KUMAR SINGH @ ASHUTOSH SINGH @ ASHUTOSH S/o Kamakhya Narayan Singh @ Kamakhya Singh R/o village- Majhwalia, P.S.- Kopa, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjana For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Section 376 of the Indian Penal Code and 3⁄4 of POCSO Act.

Allegation against the petitioner is of establishing physical relationship with 16 years Anjali Kumari.

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

Patna High Court CR. MISC. No.33150 of 2020(2) dt.23-02-2021 2/2 petitioner has been made accused in the present case due to mistake of fact. From perusal of Annexure-2 of the application, it appears that the petitioner has solemnized marriage and blessed with two children from the wedlock of the victim. There was love affairs between the parties.

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 of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of learned Additional District & Sessions Judge-Ist-cum-Special Judge (POCSO) Act, Saran at Chapra in connection with Mahila P.S. Case No. 17 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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