Patna High CourtCR. MISC./10345/2016bail granted

Suman Kumar v. The State Of Bihar

2016-03-16Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.10345 of 2016 (2) dt.16-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10345 of 2016 Arising Out of PS.Case No. -127 Year- 2015 Thana -MANSI District- KHAGARIA ====================================================== Suman Kumar son of Rajesh Pandit @ Badal Pandit (incorrectly mentioned Awadh Pandit in the FIR) resident of village Jamunia P.S. Parbatta Dist. Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Thakur For the Opposite Party/s Mr. Sanjay Kumar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 16.03.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 366A of the Indian Penal Code.

Statement of victim has been recorded under section 164 of the Cr.P.C in which she stated that she went along with the petitioner on his proposal and one Rahul Kumar also accompanied them. She stated that she was taken to several places and in that course, petitioner used to commit rape on her but subsequently, petitioner left her at Saharsa station and then she went to the room of the aforesaid Rahul Kumar and started living with him as husband and wife and on 22.7.2015, she was caught by the police along with the aforesaid coaccused Rahul Kumar. Learned counsel for the petitioner submits that the aforesaid co-accused Rahul Kumar has already been granted privilege of bail by

Patna High Court Cr.Misc. No.10345 of 2016 (2) dt.16-03-2016 a coordinate bench of this court and, as a matter of fact, victim was in love with co-accused Rahul Kumar and had eloped with him. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge I, Khagaria in POCSO case no. 19A/2015 arising out of Manshi P.S. Case no. 127/2015.

shahid (Hemant Kumar Srivastava,J) U T