Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68744 of 2018 Arising Out of PS. Case No.-15 Year-2018 Thana- MAHILA PS District- Khagaria ====================================================== Sanjeet Kumar, Son of Ramashish Sahani, Resident of Village-Bela Simari, P.S. Gangour, District-Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal For the Opposite Party/s :

Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-11-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Mahila (Khagaria) P.S. Case No. 15 of 2018 registered for the offences punishable under Sections 376, 328 and 506 of the Indian Penal Code and under Section 5/6 of the POCSO Act.

Informant is the victim who has stated in his written complaint that on 5.02.2018 when she was alone in his house in the night at about 10:30 petitioner came and in spite of her resistance he forcibly established physical relation with her but subsequently she realized that she is pregnant and thereafter petitioner and his family members forcibly aborted her. It has been submitted on behalf of the petitioner

Patna High Court Cr.Misc. No.68744 of 2018(2) dt.30-11-2018 2/2 that he is innocent and has committed no offence. He has been falsely implicated in this case. The girl was examined by the Medical Board and no case of abortion has been found by the Medical Board. Petitioner has no criminal antecedent and he is in custody since 14.08.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1st-cum-Special Judge, POCSO Court, Khagaria in connection with Mahila (Khagaria) P.S. Case No. 15 of 2018 (POCSO Case No. 7 of 2018).

(S. Kumar, J) Rajiv/ManojU T