Vidyanand Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50333 of 2021 Arising Out of PS. Case No.-67 Year-2020 Thana- MAHILA P.S District- Supaul ====================================================== VIDYANAND SINGH ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun For the State :
Mrs. Shaheen Begum For the Informant : Mr. Nafisuzzoha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-01-2022 Heard learned counsel for the petitioner, the State and the informant.
The matter has been taken up through video conferencing.
Petitioner seeks regular bail in a case registered for the offence punishable under Section 376/ 493/504/506/34 of the Indian Penal Code and u/s 4 of POCSO Act. As per the prosecution case, on the assurance of marriage this petitioner made physical relation with the informant and thereafter refused to marry her. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that the doctor has not found any sign of rape and assessed her age between 19-21 years and as such the
Patna High Court CR. MISC. No.50333 of 2021(3) dt.13-01-2022 2/2 informant is major and knowing fully well the consequences she established physical relation with petitioner, thus, no case u/s 376 of the IPC is made out. Petitioner claims clean antecedent and is in custody since 29.06.2021 and investigation in this case is complete.
Learned counsel appearing for the State and the informant opposed the prayer for bail and submitted that there is specific allegation against this petitioner of committing rape against the informant.
Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VI-cum- Special Judge, POCSO Act, Supaul in connection with Mahila PS case No. 67/2020.
(Prabhat Kumar Singh, J) BKS/- U T