Vikash Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48844 of 2022 Arising Out of PS. Case No.-249 Year-2021 Thana- BIRPUR District- Supaul ====================================================== Vikash Kumar Paswan S/O Joganand Paswan Resident of village- Parsakala, Ward No- 13, P.S.- Balua Bazar, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Arun Ms. Kanika, Advocates For the Opposite Party :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in custody in connection with POCSO Case No.61 of 2021 arising out of Balua Bazar P.S. Case No.249 of 2021 registered for offences under Sections 363 and 366A/34 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act. Subsequently, charge-sheet has been submitted under Sections 363, 366A and 376/34 of the Indian Penal Code and Sections 4/6 of the POCSO Act.

It has been submitted by learned counsel for the petitioner that age of the victim girl has been assessed between 16-18 years and in the statement of the girl recorded under Section 164 of the Cr.P.C, she has stated that she was having love affair with the petitioner. The medical report has not been

Patna High Court CR. MISC. No.48844 of 2022(2) dt.09-12-2022 2/2 annexed with the present case.

Considering the fact that the age of the victim girl has been assessed between 16-18 years and also considering her statement recorded under Section 164 of the Cr.P.C, this application is allowed.

Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, VI-cum-Special Judge POCSO, Supaul in connection with POCSO Case No.61 of 2021 arising out of Balua Bazar P.S. Case No.249 of 2021, subject to the condition that the court below will verify the veracity of the medical report. If the report supports submission of the petitioner that the age of the victim girl has been assessed between 16-18 years then the bail bond of the petitioner shall be accepted. If the report states otherwise, the bail bond of the petitioner shall not be accepted. (Sandeep Kumar, J) BT/- U T