Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54151 of 2019 Arising Out of PS. Case No.-116 Year-2019 Thana- SONEPUR District- Saran ====================================================== Rahul Kumar Son of Shambhu Ray Resident of Village- Naya Tola Mirzapur, Police Station- Sonpur, District- Saran (Chapra) Under the guardianship of His father Namely, Shambhu Ray Son of Mahavir Ray. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 376 of the Indian Penal Code and Sections-4, 6 & 8 of the POCSO Act.

Allegation against the petitioner is of forcefully committing rape upon the informant/victim.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 19-02-2019. Charge sheet has already been submitted. The victim has been recovered. She was examined u/S 164 Cr.P.C. in which, she has not supported

Patna High Court CR. MISC. No.54151 of 2019(3) dt.25-09-2019 2/2 the allegation made in the FIR. She admitted that she had left the house out of her own sweet will. She had love affairs with the petitioner. No allegation of rape has been alleged against the petitioner by her.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Ist-cum-Special Judge (Juvelile Court), Chapra, District-Saran in connection with Sonpur P.S. Case No. 116 of 2019.

(Sudhir Singh, J) A.K.V.//- U T