Patna High CourtCR. MISC./58070/2017bail granted

Raja Kumar Singh v. The State Of Bihar

2018-01-11Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58070 of 2017 Arising Out of PS.Case No. -69 Year- 2017 Thana -BAUNSI District- ARRARIA ====================================================== Raja Kumar Singh, son of Raju Singh @ Raj Kumar Singh, resident of Village- Nandanpur, P.S. Bausi, District Araria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pravin Kumar, Adv. For the Opposite Party/s : Mr. Md. Arif, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376/313/452/34 of the Indian Penal Code and Section 4/6 of POCSO Act.

Allegation against the petitioner is of forceful physical relation with informant on pretence that the petitioner would marry with her.

Submission of the learned counsel for the petitioner is that in fact the victim is a consenting party and entire allegation is there for the reason that the marriage could not materialize. There is no document to support other allegations of forceful miscarriage. The petitioner is in custody since

Patna High Court Cr.Misc. No.58070 of 2017 (3) dt.11-01-2018 02.08.2017.

Learned counsel for the informant opposed the prayer for bail.

Considering the entire facts aforesaid especially the fact that the victim appears to be a consenting party, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Special (POCSO) Act Case No. 15 of 2017 arising out of Bausi Police Station Case No.69 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T