Patna High CourtCR. MISC./60242/2023allowed

Ratan Kumar Singh v. The State Of Bihar

2023-12-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60242 of 2023 Arising Out of PS. Case No.-145 Year-2023 Thana- BARSOI District- Katihar ====================================================== Ratan Kumar Singh S/O Sunil Chandra Singh R/O Village- Jalsuwa, Ps. Azam Nagar, Dist. Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Najmul Hoda For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 376, 504 and 506 of the Indian Penal Code and Sections 4/6 of the POCSO Act.

3. Allegation against the petitioner is that he established physical relation with the informant(victim) on the pretext of solemnization of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The victim is major girl aged about 18 years as per her statement recorded under section 164 of the Cr.P.C. There is love affairs between both of them

Patna High Court CR. MISC. No.60242 of 2023(3) dt.11-12-2023 2/2 which seems that there is consensual relationship between them. Medical report does not corroborate with the prosecution version as no any spermatozoa found in the report and also no any injuries are present on her body. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 10.05.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barsoi P.S. Case No. 145 of 2023 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 VII-cum-Special Judge POCSO Act, Katihar.

(Sunil Kumar Panwar, J) Shubham/- U T