Patna High CourtCR. MISC./37561/2018bail granted

Rahul Kumar v. The State Of Bihar

2018-07-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37561 of 2018 Arising Out of PS.Case No. -386 Year- 2017 Thana -MANER District- PATNA ======================================================

1. Rahul Kumar, Son of Naresh Rai @ Ram Naresh Singh, Resident of Village- Jaminipur Neelkanth Tola, P.S.- Maner, Distt- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376(i) of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offenses Act, 2012.

The FIR would reveal that the petitioner was in physical relation with the daughter of the informant pretending that he would marry with the daughter of the informant. Everything surfaced after the victim was found pregnant. The victim in her statement under Section 164 Cr.P.C. alleged forceful intercourse by the petitioner.

Submission is that the matter appears to be of love affairs and consensual sex. The petitioner is in custody since

Patna High Court Cr.Misc. No.37561 of 2018 (2) dt.05-07-2018 2/2 22.08.2017. Investigation of the case is already complete. Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Spl. POCSO Case No. 123 of 2017 arising out of Maner Police Station Case No. 386 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below. (Birendra Kumar, J) Kundan/- U T