Sujit Kumar @ Chotami v. The State Of Bihar

Patna High Court Cr.Misc. No.4137 of 2018 (3) dt.21-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4137 of 2018 Arising Out of PS.Case No. -140 Year- 2017 Thana -DHANARUA District- PATNA ====================================================== SUJIT KUMAR @ CHOTAMI S/o Pramod Kumar @ Bhola Yadav Resident of Patharhat, P.O. - Patharhat, P.S. - Dhanarua, District - Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Durga Narayan For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 21-02-2018 Heard learned Counsel for the petitioner and the State as also the learned Counsel appearing on behalf of the informant. Petitioner, already in custody, seeks bail in Dhanarua PS Case No. 140 of 2017 registered under Sections 341, 323, 376, 504 of the IPC and Section 4 of the POCSO Act.

The allegation in brief is that while the prosecutrix went to ease in the field in the evening the petitioner is said to have raped her by tying her hands and gagging her mouth.

Learned Counsel for the petitioner submits that the girl is major as per assessment of the Medical Board, no sign of rape or any mark of violence or resistance was found as per medical report. Having considered the said facts and circumstances, the petitioner, namely, Sujit Kumar @ Chotami is directed to 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 Additional Sessions Judge lst, Patna in connection with Dhanarua PS Case No. 140 of 2017.

Snkumar/- (Arun Kumar, J.) U T