Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48387 of 2022 Arising Out of PS. Case No.-163 Year-2022 Thana- RAHUI District- Nalanda ====================================================== SUNNY KUMAR, aged about 27 years (Male), Son of Late Ras Bihari Prasad @ Ram Bihari Prasad, Resident of Village - Dhamauli Dih, P.S.- Rahui (Bena), District - Nalanda.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Raj Nandan Prasad, Advocate For the Opposite Party :

Mr. Ramchandra Sahni, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defect (s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in connection with Rahui (Vena) P.S. Case No. 163/2022, POCSO Case No. 29/2022 registered for the offence under Sections 323, 376, 506 of the I.P.C. and Section 4 of POCSO Act.

The prosecution case, in brief, is that the petitioner

Patna High Court CR. MISC. No.48387 of 2022(2) dt.20-12-2022 2/3 committed rape upon the victim and threatened to kill her. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.05.2022. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is further submitted that number of witnesses examined during the course of investigation and whose statements are in paragraph nos. 6, 7 and 8 of the case diary goes to show that there was negotiation for marriage of the petitioner with the victim but for one reason or other marriage could not take place and for the said reason, the present case has been instituted.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions

Patna High Court CR. MISC. No.48387 of 2022(2) dt.20-12-2022 3/3 Judge-cum-Special Judge, POCSO, Bihar Sharif, Nalanda, in connection with Rahui (Vena) P.S. Case No. 163/2022, POCSO Case No. 29/22.

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