Patna High CourtCR. MISC./67943/2018bail granted

Gulab Sah v. The State Of Bihar

2018-11-20Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67943 of 2018 Arising Out of PS. Case No.-202 Year-2017 Thana- MAHILA P.S District- Supaul ====================================================== Gulab Sah, S/o-Bindeshswari Sah, R/o Village-Sakhua Parsa, P.S.-Pipra, District-Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-11-2018 Heard learned counsel for the parties.

Petitioner seeks bail in POCSO Case No. 32 of 2017 arising out of Mahila P.S. Case No. 202 of 2017 registered for the offence punishable under Sections 376, 323, 504, 506, 313 of the Indian Penal Code and Section 4/6 of the POCSO Act. Allegation against the petitioner is of developing physical relation with the Informant on the promise of marriage and thereafter terminating her pregnancy by giving her medicine.

It has been submitted on behalf of the petitioner that the age of the victim has been determined to be 15 to 16 Years by the Medical Board and it has been also reported that there is no sign of any abortion. The victim and Informant both had appeared before the court below at the time of hearing of bail

Patna High Court Cr.Misc. No.67943 of 2018(2) dt.20-11-2018 2/2 application of the petitioner and the victim girl admitted her marriage with the petitioner and prayed him to be released on bail. Petitioner has got no criminal antecedent and is in custody since 09.09.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ADJ-I, Supaul, in connection with POCSO Case No. 32 of 2017 arising out of Mahila P.S. Case No. 202 of 2017.

(S. Kumar, J) ranjan/- U