Patna High CourtCR. MISC./48431/2019bail granted

Shankar Yadav v. The State Of Bihar

2019-11-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48431 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- MAHILA PS District- Jehanabad ====================================================== SHANKAR YADAV Son of Badri Yadav Resident of Village- Totapur, Police Station- Kako Bhelwar OP, District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhuri Kumari For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Jehanabad Mahila P.S.Case No.11 of 2019 , registered for offences punishable under Sections 376 of the Indian Penal Code and Section 4 of the POCSO Act.

As per FIR, the petitioner has physical relationship with the daughter of the informant and later on he refused to keep her .

Submission of the learned counsel for the petitioner is that Medical Board discloses her age between 17-18 years and FIR also disclsoed that she is a consensual party as such no case is made out under Section 376 of the IPC and under Section 4 of the POCSO Act.

Patna High Court CR. MISC. No.48431 of 2019(3) dt.15-11-2019 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ -I, Jehanabad in connection with Jehanabad Mahila P.S.Case No.11 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U