Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43310 of 2021 Arising Out of PS. Case No.-8 Year-2021 Thana- MAHILA P.S. District- Sheohar ====================================================== Anil Kumar Son of Nanhak Rai Resident of Village - Parrahi, P.S.- Sheohar, District - Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suman Kumar Verma For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Sheohar Mahila P.S. Case No. 08 of 2021, registered for the offence under Section 376/34 of the Indian Penal Code and Section 4/6 of POCSO Act. As per the F.I.R., this petitioner kidnapped and committed rape with the informant.

It is submitted on behalf of petitioner that the statement of the victim (informant) was recorded under Section 164 Cr.P.C. (Annexure - 2 to the petition) wherein she has stated that she with her own will had gone with petitioner and no rape was committed with her and she had lodged the present case only on the pressure mounted by the villagers. Petitioner has got clean antecedent and he is in custody since 18.04.2021.

Patna High Court CR. MISC. No.43310 of 2021(2) dt.18-01-2022 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances as well as statement of the victim (informant) recorded under Section 164 Cr.P.C., the bail petition of petitioner is allowed. Let the above named petitioner 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 learned Additional Sessions Judge I cum Special Judge, POCSO, Sheohar in connection with Sheohar Mahila P.S. Case No. 08 of 2021. (Prabhat Kumar Singh, J) anay/- U T