Kanhaiya Kumar Das @ Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57491 of 2021 Arising Out of PS. Case No.-112 Year-2021 Thana- BALRAMPUR District- Katihar ====================================================== Kanhaiya Kumar Das @ Kanhaiya Kumar Son of Somu Das @ Shyam Lal Das Resident of Village - Tikauri, P.S.- Balrampur, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad,Adv.

For the Opposite Party/s :

Mr.Pranav Kumar,APP Mr.Upendra Kumar,Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-03-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.

As per the prosecution case, this petitioner is said to have attempted to commit rape with the minor daughter of the informant.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case and F.I.R. has been lodged after a delay of three days with due deliberation and consultation. The doctor has not found any sign of rape on the body of victim girl and assessed her age between 16 - 17 years. Petitioner has got clean antecedent and he is in custody since 11.07.2021.

Patna High Court CR. MISC. No.57491 of 2021(3) dt.24-03-2022 2/2 Learned counsel for the informant has opposed the bail petition and submitted that there is specific allegation against this petitioner, who is teacher of the victim, that he tried to commit rape with the minor girl.

Considering the period of custody and the fact that doctor has not found any sign of rape on the body of daughter of the informant, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge 7th, Katihar in connection with Balrampur P.S. Case No. 112 of 2021.

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