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Patna High CourtCR. MISC./16575/2015bail granted

Pankaj Kumar v. State Of Bihar And ANR

2015-06-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16575 of 2015 Arising Out of PS.Case No. -52 Year- 2015 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Pankaj Kumar Son of Late Rajendra Prasad Sharma, Resident of Village - Mohammadpur, P.S. - Dariapur, District - Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar. null null

2. Meena Kumari, D/o Nageshwar Sah, Resident of Village - Manik Patti, P.S. - Mahanar, District - Vaishali.

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

For the Petitioner/s : Mr. Ramchandra Sahni For the Opposite Party/s : Mr. Amit Kr.Rakesh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-06-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Hajipur Town P.S. Case No. 52 of 2015 for the offences instituted under section 376 of the Indian Penal Code and section 3,4,5,6 and 8 of the Protection of Children from Sexual Offences Act.

The prosecution story, in brief, is that on the alleged date and time of occurrence the informant Meena Kumari left her house after hot discussion with her mother. She wanted to go to the house of her mother's sister at Digha, Patna. When she reached near Durga temple tempo stand, Hajipur, a boy came there

Patna High Court Cr.Misc. No.16575 of 2015 (2) dt.11-06-2015 and persuaded her that he is going to Patna and she may accompany him. When she went with him, he committed rape upon her forcibly in a Hotel at Hajipur.

It has been submitted on behalf of the petitioner that the petitioner and the victim were having love affair which was not much liked by the parents of the victim and for the same they have brought the present prosecution but subsequently a compromise petition has been filed where the parties have agreed to get the victim married with the petitioner. It is further submitted that the petitioner has no criminal antecedent and he is in custody since 17.01.2015.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-cum-Special Judge, POCSO, Vaishali at Hajipur in connection with Hajipur Town P. S. Case No. 52 of 2015. (Sudhir Singh, J) Amin/- U