Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55444 of 2015 Arising Out of PS.Case No. -51 Year- 2015 Thana -MAHILA P.S. District- BHABHUA (KAIMUR) ======================================================

1. Chandan Kumar son of Ram Bilas, R/o village- Sonaon, P.s. Belaon, District- Kaimur at Bhabua .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Harendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-01-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with registered under Section 376 of the IPC and under section 6 of POCSO Act. The accusation is that the informant came in touch with this petitioner on mobile phone of her sister-in-law and thereafter she used to talk to the petitioner on mobile. After two months she left her house without giving any information to her family members to meet the petitioner at place Chourasia on intimation of the petitioner. The petitioner took her to his sister's house where the petitioner developed physical relationship with her on the pretext of marriage. In the meantime the informant became pregnant and she asked the petitioner to perform marriage

Patna High Court Cr.Misc. No.55444 of 2015 (2) dt.11-01-2016 2/2 but the petitioner refused saying that pregnancy is not related with him.

Learned counsel appearing on behalf of the petitioner submits that in the medical examination the age of the victim was assessed in between 17-19 years and she was not found pregnant during the course of medical examination, which would appear from annexure-2, the medical report. Merely, to put undue pressure to perform marriage with the petitioner, the informant has filed this case. Moreover, the dispute has been settled and informant has filed a compromise petition on 07.10.2015 in the court of learned Additional Sessions Judge-I, Bhabhua. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Bhabhua in connection with POCSO Tr. No. 14 of 2015 arising out of Bhabhua Mahila P.S. case No. 51 of 2015.

(Rajendra Kumar Mishra, J) BKS/- U T