Patna High CourtCR. MISC./44421/2022bail granted

Bablu Upadhyay @ Bablu Kumar Upadhyay v. The State Of Bihar

2022-12-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44421 of 2022 Arising Out of PS. Case No.-73 Year-2018 Thana- MAHILA P.S. District- Siwan ====================================================== BABLU UPADHYAY @ BABLU KUMAR UPADHYAY S/o Jaychand Upadhyay @ Jagan Upadhyay R/o village- Satwar, P.O.- Satwar, P.S.- G.B. Nagar, Satwar, Siwan, Bihar- 841439 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajat Kumar Tiwary Mrs. Deepika Sharma For the State :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-12-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Section 376(D) of the IPC and sections 4 and 8 of POCSO Act.

As per the prosecution case, specific allegation of sexual assault is against co accused Rahul Kumar. Medical board has not found any sign of recent sexual activity. The medical Board has assessed the age of victim between 18-19 years. It is submitted that co-accused has already been granted bail by this court vide order passed in Criminal Miscellaneous no. 7381 of 2022. Petitioner has got no criminal antecedent. Learned counsel appearing for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.44421 of 2022(2) dt.05-12-2022 2/2 Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO, Siwan in connection with Siwan Mahila P.S. Case No. 73 of 2018 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) asmit/- U T