Mahabir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24299 of 2017 Arising Out of PS.Case No. -54 Year- 2016 Thana -JURAWNPUR District- VAISHALI(HAJIPUR) ======================================================

1. Mahabir Singh Son of Jay Gobind Singh, Resident of Village- Raghopur, P.S.- Jurawnpur, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-07-2017 Heard both sides.

The petitioner apprehends his arrest in Jurawanpur P.S. Case No. 54/2016, registered for the offences punishable under Sections 376, 366A, 307 and other Sections of the Indian Penal Code.

The informant alleged that Rishi Kumar established physical relation with her on the pretext of marriage with her, but thereafter all the accused persons including the petitioner brutally assaulted her and they fled away.

Learned counsel for the petitioner submits that the petitioner is father of Rishi Kumar. All the allegations are false and concocted. The victim lodged Complaint Case No. 515C/2016 before the Court of the learned Chief Judicial Magistrate,

Patna High Court Cr.Misc. No.24299 of 2017 (3) dt.14-07-2017 2/2 Lakhisarai against Rishi Kumar and Manish Kumar and the court below sent police for enquiry in the complaint petition and the Investigating Officer found the case false. After four months this case was lodged in Jurawanpur P.S., but no specific allegation is made against the petitioner.

Considering the facts aforesaid and the fact that the petitioner is father of Rishi Kumar, who is alleged to have established physical relation with the victim on the pretext of marriage, the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 I-cumSpecial Judge, POCSO Act, Vaishali at Hajipur in connection with Jurawanpur P.S. Case No. 54/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) Rakhi U