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Patna High CourtCR. MISC./56368/2024bail granted

Sudanshu Kumar @ Sudhanshu Kumar v. The State Of Bihar

2024-10-26Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56368 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- Manikpur District- Lakhisarai ====================================================== Sudanshu Kumar @ Sudhanshu Kumar Son of Arvind Mahto @ Arvind Kumar Mahto R/O Vill.- Shivnagar, P.S.- Piri Bazar, Dist.- Lakhisarai ... ... Petitioner/s

Versus

1.

The State Of Bihar Bihar 2.

Sita Devi Wife of Jitendra Mahto R/O Vill.- Manikpur, P.O.- Kabadpur, P.S.- Suryagarha, Dist.- Lakhisarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-10-2024 Heard Mr. Yogesh Chandra Verma learned senior counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Manikpur P.S. Case No. 33 of 2024 registered for the offence punishable under Section 376 of the Indian Penal Code and Section 4 of POCSO Act.

3. As per the prosecution case, the petitioner is accused of committing rape upon the victim girl.

4. Mr. Yogesh Chandra Verma, learned senior counsel for the petitioner submits that from the reading of the statement of the victim made under Section 164 of the Cr.P.C., it appears

Patna High Court CR. MISC. No.56368 of 2024(3) dt.26-10-2024 2/2 to be a case of consensual sex.

5. He further submits that the petitioner has no criminal antecedent and he is in jail since 27.04.2024.

6. Learned counsel for the informant vehemently opposes the prayer for regular bail of the petitioner.

7. Considering the fact it appears to be a case of consensual sex, this application is allowed, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge- VI-cum-Special Judge, POCSO, Lakhisarai, in connection with Manikpur P.S. Case No. 33 of 2024.

(Sandeep Kumar, J) Harshita/- U T