Arjun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27143 of 2016 Arising Out of PS.Case No. -201 Year- 2013 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Arjun Kumar Son of Mahendra Rai Resident of Nonra, P.S- Kalyanpur, District- East Champaran.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Anis Akhtar, Advocate For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 377 and 506 of the Indian Penal Code and Sections 3 (a)(b)(c) and 4 of Protection of Children from Sexual Offences Act.
The accusation against the petitioner is that he committed sodomy on a six years old boy whose statement has been recorded by the I.O. at paragraph-3 of the case diary. The victim boy has not named the petitioner. The informant claims that the victim had disclosed to his mother about the occurrence as well as named the petitioner. Moreover, the medical report does
Patna High Court Cr.Misc. No.27143 of 2016 (3) dt.01-09-2016 2/2 not corroborate the allegation of sodomy which is evident from paragraph-96 of the case diary.
Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 1st Additional Session Judge, East Champaran, Motihari in connection with POCSO Trial No.10 of 2016 arising out of Chakia P.S. Case No.201 of 2013.
(Hemant Kumar Srivastava, J) N.H./- U T