Ashutosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54078 of 2023 Arising Out of PS. Case No.-267 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== ASHUTOSH KUMAR S/o JITENDRA PRASAD KUSHWAHA @ JITENDRA SINGH Resident of village - Jhitkahiya, P.S. - Muffasil, Distt. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 267 of 2023, registered for the offences punishable under Sections 376 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act.
3. As per allegation, there was love and affection between the petitioner and the informant, namely, Sita Kumari. On the pretext of marriage, the petitioner made physical relation with her and when she became pregnant, the petitioner refused to marry her.
4. The learned counsel for the petitioner has
Patna High Court CR. MISC. No.54078 of 2023(2) dt.01-09-2023 2/2 submitted that the impugned order shows itself that the victim is aged about 18-19 years. There is no allegation of rape in the FIR itself. Moreover, both the parties have compromised.
5. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judgecum-Special Judge, POCSO Act, Motihari, East Champaran in connection with Muffasil P.S. Case No. 267 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) Kundan/Nirmal U T