Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 19924 of 2018 Arising Out of PS.Case No. -60 Year- 2018 Thana -BRAHMPUR District- BUXAR ====================================================== Sonu Kumar Son of Chulhan Yadav Resident of Village- Bankat, Police Station- Shahpur, District- Bhojpur.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 22-05-2018 Heard learned counsel for the petitioner and the APP for the State.

Petitioner seeks bail in a case registered under Sections 316, 120B/34 of Indian Penal Code and Section 17 of POCSO Act.

It is submitted by the petitioner's counsel that the petitioner is only a Compounder in the Saryu Prasad Nursing Home. He submits that the prosecution case is out and out false. Even the first information report does not bear the signature of the informant. He further submits that one statement of the victim girl has been recorded under Section 164 of Criminal Procedure Code in relation to Brahmpur Police Station Case No 431 of 2017

Patna High Court Cr.Misc. No.19924 of 2018 (3) dt.22-05-2018 2/2 wherein there was no mention regarding termination of pregnancy. The petitioner has falsely been implicated which is evident from the statement on oath of victim girl (Annexure 2 to the application) wherein she has denied any treatment in the nursing home where the petitioner was the Compounder. The petitioner has no criminal antecedent and is in custody since 19.02.2018. Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge I, Buxar in POCSO Case No 13 of 2018 arising out of Brahmpur Police Station Case No 60 of 2018 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T