Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51076 of 2019 Arising Out of PS. Case No.-23 Year-2018 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Shailendra Kumar Son of Shankar Mahto Resident of Village- Husaina (Abgil Rampur), P.S.- Mednichouki, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Mednichouki P.S. Case No. 23 of 2018, registered for offence punishable under Sections 366A, 504 and 506 of the Indian Penal Code and Section 2 and 8 of POCSO Act.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Further submission is that there is delay of seven days in lodging FIR without plausible explanation and in statement recorded under Section 164 Cr.P.C. the victim stated that she had love affair with the petitioner. He further submits that no medical examination of the victim has been done by the doctor, the doctor only assessed the age of

Patna High Court CR. MISC. No.51076 of 2019(3) dt.18-11-2019 2/2 victim, which is in between 17 to 18 years. He further submits that the petitioner is a student of graduation and preparing for competitive examinations. The petitioner has no criminal antecedent and he is in custody since 07.05.2019. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional District and Sessions-cum-Special Judge, Lakhisarai in connection with Mednichouki P.S. Case No. 23 of 2018. (Arvind Srivastava, J) S.Katyayan/- U T