Chotkun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67331 of 2018 Arising Out of PS. Case No.-2 Year-2017 Thana- AKILPUR District- Patna ====================================================== Chotkun Kumar Son of late Baleshwar Singh Resident of Village- Batrauli, P.S. Akilpur, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Satish Chandra For the Opposite Party/s :

Mr.Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 376/34 of the Indian Penal Code and Section-8/12 of the POCSO Act.

Allegedly, the petitioner and one another took out informant's minor daughter aged about 13 years forcibly and committed illegal act with her.

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 20-01-2017. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. In paragraph-75 of the case diary,

Patna High Court CR. MISC. No.67331 of 2018(6) dt.16-07-2019 2/2 it has come that the victim had developed physical relationship out of love affairs. There is no medical examination report to show whether any such act was done on the part of petitioner or not.

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 Akilpur P.S. Case No. 02 of 2017 (arising out of Special Case No. 12 of 2017).

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