Tinkal Kumar @Twinkal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 25289 of 2016 Arising out of P.S. Case No. -186 Year- 2015 Thana -RAJAULI District- NAWADA =================================================== TINKAL KUMAR @ TWINKAL KUMAR Son of Vijay Yadav Resident of Village- Bhupatpur, PS Rajauli, District Nawada. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Anuj Kumar, Adv. For the Opposite Party/s: Mr. Uma Nath Mishra (APP) =================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04.

11.08.2016 Supplementary-Affidavit filed today on behalf of the Petitioner be kept on record.

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is languishing in custody since 28.10.2015 in connection with Rajauli P.S. Case No. 186 of 2015 pending in the Court of Additional Sessions Judge-I, Nawada for the offences registered under Sections 363, 366(A) and 376/34 of the Indian Penal Code and Sections 6/8 of the POCSO Act.

The prosecution case, in brief, as alleged in the FIR is that when the Informant, Puja Kumari was returning with her friend, Sapna Kumari from tuition, in the way, the petitioner and Pankaj Kumar forcibly took away them and committed rape.

Patna High Court Cr.Misc. No.25289 of 2016 (4) dt.11-08-2016 It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.10.2016. Charge-sheet has been submitted in the case. The petitioner has no criminal antecedents. There is no allegation of tampering of witnesses alleged against the petitioner. The FIR has been instituted after three days of the alleged occurrence. The delay has not been explained on behalf of the prosecution. Subsequently, the matter has been settled vide Annexure-3 of the supplementaryaffidavit. There was love affair of the petitioner with the Informant.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances of the case, 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-I, Nawada in connection with POCSO Case No. 26 of 2015 arising out of Rajauli P.S. Case No. 186 of 2015. Vikash/- (Sudhir Singh, J.) U T