Rajeev Kumar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12164 of 2018 Arising Out of PS. Case No.-537 Year-2017 Thana- AMARPUR District- Banka ====================================================== Rajeev Kumar Choudhary, S/o Sri Kapildeo @ Kapo Choudhary, R/o VillageAgwani, Dumariya, P.S.- parbatta in the district of Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhu Narayan Sharma For the Opposite Party/s :
Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 17-04-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Amarpur P.S.Case No. 537 of 2017 registered under Sections 376 of the Indian penal Code and 4 of the Protection of Children from Sexual Offences Act. Allegation in brief is that petitioner used to sexually exploit her for last two years, being a teacher in the same school where she was a student of Class-IX, but she never disclosed her parents but when petitioner asked her to introduce her younger sister, so the informant lodged this case.
Submission is that prosecutrix wanted to marry with the petitioner but when he declined, this false case has been instituted and the girl is major as the doctor has assessed her age below 18 years.
Whereas learned counsel for the informant submits that
Patna High Court Cr.Misc. No.12164 of 2018(3) dt.17-04-2018 2/2 prosecutrix was a student of the petitioner and a minor in age and sexual relationship was established by the petitioner. Having considered the aforesaid facts and circumstances, and the age of the girl as she was approximately 18 years of age, so the petitioner, namely , Rajeev Kumar Choudhary, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge cum Special Judge, Banka in connection with Amarpur P.S. Case No. 537 of 2017.
(Arun Kumar, J) sujit/- U T