Pramod Kumar @ Pramod Kurmi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.74495 of 2018 Arising Out of PS. Case No.-356 Year-2018 Thana- SHASTRINAGAR District- Patna ====================================================== Pramod Kumar @ Pramod Kurmi, son of Baban Kurmi, resident of village Chainpur, P.S. Siswan, Distt. Siwan, presently residing at C/o Bindeshwar Singh, Raja Bazar, Near Icon Public School, P.S. Shastri Nagar, Distt. Patna. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate.
Mr. Deepak Kumar, Advocate Ms. Preety Kunwar, Advocate.
For the Opposite Party/s :
Mr. Chaubey Jawahar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner, counsel for the informant and the State.
The petitioner seeks bail in Shastrinagar P.S. Case No. 356 of 2018 instituted for the offence under Sections 328, 366A and 120(B)/34 of the Indian Penal Code. Subsequently, Section 376 Indian Penal Code was added.
It is alleged in the written report that informant was working in Idea Call Centre situated at Ashiyana, Digha Road. During period of her working in Call Centre she came into contact with this petitioner who was also working there. The informant has further alleged that on 27.5.2018 petitioner came to her house and took her on the pretext of some work in the
Patna High Court Cr.Misc. No.74495 of 2018(2) dt.13-12-2018 2/3 office. The petitioner took her in a room situated at Brahmsthan and committed illegal act with her despite her protest. It is further alleged that on 6.6.208 while she was coming out from rented house after attending call of nature, the petitioner along with two other persons came and after gagging her mouth, gave injection in her waist, on account of which, she became senseless. She regained consciousness, and found herself in Jai Prakash Narayan Hospital, Rajbanshi Nagar. The victim girl has given her statement under Section 164 Cr. P.C. wherein she has stated her age as 16 years. The court has assessed her age to be 19 years. Petitioner is said to be in custody since 14.6.2018 having clean antecedent. From allegation in written report it appears that both informant and petitioner were knowing each other from before.
Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-I cum Special Judge, POCSO, Patna, in connection with Shastrinagar P.S. Case No. 356 of 2018, subject to the condition
Patna High Court Cr.Misc. No.74495 of 2018(2) dt.13-12-2018 3/3 that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T