Prem Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21585 of 2017 Arising Out of PS.Case No. -127 Year- 2016 Thana -MAHILA P.S. District- MUZAFFARPUR ====================================================== Prem Sah, son of Shankar Sah, resident of Village- Dharampur, P.S.- Sadar, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with Mahila P.S. Case No. 127 of 2016 registered under Section 376 of the Indian Penal Code and sections 4 & 18 of the POCSO Act. Learned counsel for the petitioner submits that the allegations levelled in the first information report are absolutely false and concocted. In her statement under section 164 Cr.P.C., victim has not stated about rape committed by the petitioner. Victim is a major girl as her age was found by the Medical Board to be 19-20 years. On medical examination, no sign of rape was found. After investigation, charge-sheet has not been submitted under the POCSO Act, which shows the falsehood of the allegations. Petitioner has no criminal

Patna High Court Cr.Misc. No.21585 of 2017 (2) dt.19-05-2017 2/2 antecedent and is in custody since 01.12.2016. Considering the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cum-Special Judge, POCSO Act, Muzaffarpur in connection with Mahila P.S. Case No. 127 of 2016.

(Arvind Srivastava, J) Manish/- U T