Dabbu@Dabbu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49248 of 2019 Arising Out of PS. Case No.-162 Year-2019 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Dabbu@Dabbu Kumar Son of Shushil Kumar Resident of Village - Akauni, P.S.- Chand, Distt - Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 376(2)(F) of the Indian Penal Code and Section-6 of the POCSO Act.

Allegation against the petitioner is of enticing and committing rape upon the five years minor daughter of 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 28-04-2019. Charge sheet has already been submitted. The medical examination report (Annexure-2 to the application) does not support the allegation

Patna High Court CR. MISC. No.49248 of 2019(3) dt.25-09-2019 2/2 made in the FIR. Subsequently, a petition vide Annexure-2 to the present application has been filed by the informant in the court below wherein he has retracted from his earlier statement. The case has been lodged due to mistake of fact. 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 Additional Sessions Judge-Ist-cum-Special Judge, POCSO Act, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 162 of 2019 bearing its POCSO Reg. No. 20 of 2019.

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