Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42941 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== CHANDAN KUMAR aged about 20 years, Gen-Male, S/o Deo Lal Paswan, R/o Vill. Aga Nagar, P.S. Maniyari, Dist. Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prafull Chandra Jha For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Mahila P.S. Case No. 14 of 2019 registered under Sections 376/120(B) of the I.P.C. and section 4 of the POCSO Act.

Submission of learned counsel for the petitioner is that petitioner has no criminal antecedent. He is innocent and has falsely been implicated in this case due to giving pressure upon the petitioner. From perusal of the first information report, it appears that there was love affair between the petitioner and the informant. The family members were ready for their marriage and whatever has happened that has happened with consent of the parties.

Further submission is that by way of filing

Patna High Court CR. MISC. No.42941 of 2019(3) dt.24-09-2019 2/2 supplementary affidavit, the father of the petitioner has given undertaking before this Court that his son (petitioner) will marry the informant after release from custody, as detailed in paragraph nos. 4 and 5 of the supplementary affidavit. In view of the above submissions and having considered the facts and circumstances of the case, let the above named petitioner 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 1st Additional Sessions Judge-cumSpecial Judge, POCSO Act, Muzaffarpur in connection with Mahila P.S. Case No. 14 of 2019.

However, it is made clear that in case the petitioner fails to abide by the undertaking given by his father before this court, the Court below will be at liberty to take steps for cancellation of his bail bonds.

(Arvind Srivastava, J) shailendra/- U T