Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40440 of 2019 Arising Out of PS. Case No.-78 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== PREM KUMAR Son of Kailash Das @ Puspak Kumar Ranjan Resident of Village - Akbarpur, P.S.- Kahalgaon, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Choubey For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-09-2019 Heard learned counsels for the petitioner and the State.

Petitioner seeks bail in connection with Kahalgaon P.S. Case No. 78 of 2019 registered for the offence punishable under sections 366A, 376 of the Indian Penal Code and Sections 7/8 of the POCSO Act.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. The age of the victim girl in medical examination has been assessed to be 16-18 years. In the statement under section 164 Cr.P.C. the victim has stated that she was taken to Devghar, but it is surprising that in the way she did not make any protest nor she raised any hulla, although she was at

Patna High Court CR. MISC. No.40440 of 2019(4) dt.13-09-2019 2/2 public place. The matter is of love affair. Petitioner has no criminal antecedent and is in custody since 11.02.2019. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, 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 Additional Sessions Judge I-cum-Special Judge, POCSO Act, Bhagalpur in connection with Kahalgaon P.S. Case No. 78 of 2019.

(Arvind Srivastava, J) mcv/- U T