Patna High CourtCR. MISC./39274/2019bail granted

Baharan Kumar @ Ranjeet Kumar v. The State Of Bihar

2019-06-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39274 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== Baharan Kumar @ Ranjeet Kumar Son of Late Laxmi Rai Resident of Village - Sherpur, P.S. - Maner, District - Patna (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 448, 376, 506 of the Indian Penal Code and 4 of POCSO Act.

Allegation against the petitioner is of committing rape forcibly upon the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 03-02-2019. Charge sheet has already been submitted. The victim has been examined u/S 164 Cr.P.C. in which, she has admitted that she has performed marriage with the petitioner and out of her consent, physical

Patna High Court CR. MISC. No.39274 of 2019(2) dt.27-06-2019 2/2 relationship was established between them.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/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 learned Ist Additional Sessions Judge-cum-Special Judge (POCSO) Act, Patna in connection with Special Case No. 17 of 2019 arising out of Mahila P.S. Case No. 03 of 2019.

(Sudhir Singh, J) A.K.V.//- U T