Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39866 of 2018 Arising Out of PS. Case No.-113 Year-2016 Thana- GURUA District- Gaya ====================================================== Niraj Kumar Son of Ashok Kumar Resident of Village-Jalpa, P.S. Gurua, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-09-2018 Heard learned counsel for petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with POCSO Case No. 40 of 2016 arising out of Gurua P.S. Case No.113 of 2016 registered for the offences punishable under Sections 366A, 376 and 34 of the Indian Penal Code.

Informant has alleged that on 25.08.2016 when she had gone outside to attend the call of nature, petitioner kidnapped and raped her.

It has been submitted on behalf of the petitioner that he has been falsely implicated in this case and after 3 days of occurrence FIR has been instituted and notices were issued to informant who has appeared and has stated that on account of

Patna High Court Cr.Misc. No.39866 of 2018(5) dt.25-09-2018 2/2 some dispute she had filed the case and now matter has been amicably settled and she does not want to proceed in this case and both are living peacefully and cordial atmosphere in the village.

Considering the facts and circumstances of the case, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned A.D.J. 1st -Cum-Special Judge, POCSO, Gaya, in connection with POCSO Case No. 40 of 2016 arising out of Gurua P.S. Case No. 113 of 2016.

(S. Kumar, J) veena/manoj U T