Patna High CourtCR. MISC./49705/2024bail granted

Rahul Kumar v. The State Of Bihar

2024-07-24Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49705 of 2024 Arising Out of PS. Case No.-317 Year-2023 Thana- CHANDI District- Nalanda ====================================================== Rahul Kumar Son of Shri Naresh Kewat @ Arjun Kewat Resident of Village - Dasturpar, P.S.- Chandi, Distt.- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Manohar Thakur Son of Dulli Thakur Resident of Village - Jogia, P.S.- Chandi, Distt.- Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with POCSO Case No. 153 of 2023 arising out of Chandi P.S. Case No. 317 of 2023 registered for the offence under Section 363 and 366A of the Indian Penal Code and charge-sheet submitted under Section 366A and 376 of the Indian Penal Code and under Section 4 of the POCSO Act.

3. The informant has not supported the prosecution case. The informant has said that she had got married with Rahul and they had sexual relation, though, subsequently in the trial, she says that no such occurrence has taken place.

Patna High Court CR. MISC. No.49705 of 2024(2) dt.24-07-2024 2/2

4. The petitioner is in custody since 6.12.2023.

5. Considering the aforesaid facts, this application is allowed.

6. 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 the learned Additional Sessions Judge-VII-cum-Special Judge, POCSO, Biharsharif, Nalanda /concerned Court below in connection with POCSO Case No. 153 of 2023 arising out of Chandi P.S. Case No. 317 of 2023.

7. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Non-compliance of the condition will result in cancellation of the bail bonds of the petitioner.

(Sandeep Kumar, J) Vikas/- U T