Ankur Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37809 of 2020 Arising Out of PS. Case No.-490 Year-2020 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== ANKUR PATEL Son of Madan Singh Resident of Village- Mokari, P.S.- Bhabua, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 376(G) of the Indian Penal Code and Section 6 of POCSO Act.

Allegation is that the petitioner and co-accused committed rape upon the victim.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.08.2020 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. From perusal of paragraph 6 of the case diary, it is evident that the victim has refused to get herself

Patna High Court CR. MISC. No.37809 of 2020(3) dt.15-03-2021 2/2 examined by the Medical Board. Subsequently the victim was examined by the Medical Board. From the medial report, it appears that there is no sign of rape found on her. The medical examination report does not support the allegations made in the F.I.R.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Special Judge, POCSO, Kaimur at Bhabua in connection with POCSO case No.25 of 2020 arising out of Bhabua P.S. case No.490 of 2020. (Sudhir Singh, J) Narendra/- U T