Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37417 of 2018 Arising Out of PS.Case No. -383 Year- 2017 Thana -MANER District- PATNA ======================================================

1. Kunal Kumar, Son of Ram Nath Mahra, Resident of Madhopur, P.S.- Maner, Dist- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Smt. Suman Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 354/341/323/504 of the Indian Penal Code and Sections 8/12 of the POCSO Act. Allegation against the petitioner is of sexual assault against the informant, who is a minor girl. Submission of the learned counsel for the petitioner is that there is contradiction in the statement of the informant in the written report and her statement under Section 164 Cr.P.C. to the extent that in the written report she alleged that occurrence took place while she was going to school; whereas in the statement under Section 164 Cr.P.C. she stated that occurrence

Patna High Court Cr.Misc. No.37417 of 2018 (3) dt.29-08-2018 P2/ took place while she was in the school. However, no strong motive has been brought on the record to substantiate false allegation. Petitioner is in custody since 21.05.2018.

Considering the entire facts aforesaid, let the petitioner, above named, be released on bail after completion of six months of custody on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Maner P.S. Case No.383 of 2017, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T