Raju Nut v. The State Of Bihar

Patna High Court Cr.Misc. No.15478 of 2016 (2) dt.18-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15478 of 2016 Arising Out of PS.Case No. -192 Year- 2015 Thana -PARSA District- SARAN ====================================================== Raju Nut son of Kishori Nut .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s Mr. H.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 18.04.2016 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 376/34 of the Indian Penal Code as well as section 4 of the POCSO Act.

There is allegation against the petitioner that he committed rape on the informant but submission on behalf of the petitioner is that victim was in love with the petitioner and, as a matter of fact, father of the victim pressurized her to institute the present case but subsequently, when victim as well as her parents realized their fault, mother of the victim filed compromise petition and moreover, victim has not supported the story of rape in her statement recorded under section 164 of the Cr.P.C.

It is further submitted that so far as age of the victim is concerned, she disclosed her age as 18 years. Considering the aforesaid facts and circumstances as well as

Patna High Court Cr.Misc. No.15478 of 2016 (2) dt.18-04-2016 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 the Addl. Sessions Judge I-cumSpecial Court POCSO Act, Saran at Chapra in Parsa P.S. Case no. 192/2015.

shahid (Hemant Kumar Srivastava,J) U T