Matendra Kumar @ Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37886 of 2019 Arising Out of PS. Case No.-19 Year-2018 Thana- MAHILA PS District- Aurangabad ====================================================== MATENDRA KUMAR @ GUDDU KUMAR Son of Kaushal Kumar Gupta Resident of Village - Darha, P.S. - Goh, District - Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Leelawati Kumari For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-06-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Mahila P.S. Case No. 19/2018, instituted for offences under Section(s) 342, 376 and 323 of the Indian Penal Code read with Section 4 of POCSO Act.

It is alleged in the written report that on the date of occurrence at about 10:00 A.M. informant had gone to the house of Sudama Sao for charging mobile phone, where only petitioner was present. It is alleged that petitioner locked the door from inside and forcibly committed rape with her. Thereafter petitioner tied the hand and legs of informant and went outside. It is further alleged that in the evening petitioner returned and untied the victim and asked her to return home.

Patna High Court CR. MISC. No.37886 of 2019(2) dt.26-06-2019 2/3 Learned counsel for the petitioner has submitted that occurrence has taken place on 26.06.2018 and the Fardbeyan has been lodged on 30.06.2018 without giving any explanation. It is further submitted that victim has filed compromise petition before the court below vide Annexure-4.

Learned counsel for the petitioner has submitted that victim was sent for examination on 30.06.2018 to Sadar Hospital, Aurangabad, wherein doctor has opined that it is uncertain whether sexual contact was established or not but victim is habitual to do sexual intercourse.

Learned counsel for the petitioner has submitted that in the statement recorded under Section 164 Cr.P.C., informant has narrated same story as that of Fardbeyan, but in the compromise petition filed as Annexure-4, it is mentioned that Fardbeyan was drafted by the police and she put the signature without reading the same.

Petitioner is in custody since 02.05.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. 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 the learned Addl. Sessions

Patna High Court CR. MISC. No.37886 of 2019(2) dt.26-06-2019 3/3 Judge 1st -cum-Special Judge (POCSO), Aurangabad (Bihar) in connection with Mahila P.S. Case No. 19/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T