Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57818 of 2021 Arising Out of PS. Case No.-17 Year-2021 Thana- PANDARAK District- Patna ====================================================== AVINASH KUMAR Son of Ram Narayan Singh Resident of Bihari Bigha, P.S.- Pandarak, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Kumar Sinha For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-02-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 377/355 of the Indian Penal Code.

As per the prosecution case, this petitioner committed oral sex with victim.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. Prior to the alleged occurrence this petitioner has lodged a complaint about theft of 18 goats from his farm house and in retaliation the informant has lodged the present case. The doctor during medical examination has not found any sign of recent sexual assault. Petitioner claims clean antecedent and is in custody since 02.03.2021 and investigation in this case is

Patna High Court CR. MISC. No.57818 of 2021(2) dt.03-02-2022 2/2 complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, 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 Additional Sessions Judge-VI-cum- Special Judge, POCSO Act, Patna in connection with Pandarak PS case No.17/2021.

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