Amir Sah @ Amir Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52276 of 2015 Arising Out of PS.Case No. -28 Year- 2015 Thana -BARHARIA District- SIWAN ====================================================== Amir Sah @ Amir Kumar Sah son of Nand Lal Sah, Resident of VillageOrain, Police Station- Barharia, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mrs. Renuka Ratnakar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 07-12-2015 Heard Sri Bijay Prakash Singh, learned counsel for the petitioner and learned Additional Public Prosecutor. The petitioner, who is in custody in connection with Barharia P.S. Case No. 28 of 2015, registered for the offence punishable under Section 363, 366(A)/ 120(B) of the Indian Penal Code and subsequently, Section 6 of the Protection of Children From Sexual Offences Act, 2012, was added, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that in the F.I.R. itself, which has been lodged on the basis of the complaint petition filed before the Chief Judicial Magistrate, Siwan, it is evident that occurrence had taken place on 4.12.2014 whereas, complaint was filed on 15.1.2015 before the learned

Patna High Court Cr.Misc. No.52276 of 2015 (3) dt.07-12-2015 2/2 Chief Judicial Magistrate, Siwan, which was referred under Section 156(3) of the Cr.P.C. for registering F.I.R. and thereafter, F.I.R. was lodged on 8.2.2015. By way of referring to Annexure- '2' to the petition, which is a photo copy of the statement of the victim recorded under Section 164 of the Cr.P.C., it has been argued that even in 164 Cr.P.C. statement she has not alleged anything against the petitioner save and except that the petitioner himself had dropped the victim. It has also been argued that the victim was examined medically by the doctor and her age was assessed in between 19 -20 years.

In view of the facts and circumstances particularly the fact that F.I.R. was lodged much belatedly and the victim was examined by the doctor, who assessed her age as 19-20 years as well as 164 Cr.P.C. statement of the victim, let the petitioner Amir Sah @ Amir Kumar Sah be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge -cum-Special Judge, Siwan in connection with Barharia P.S. Case No. 28 of 2015.

(Rakesh Kumar, J) Praful/- U T