Patna High CourtCR. MISC./25483/2018bail granted

Mukesh Kumar v. The State Of Bihar

2018-07-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25483 of 2018 Arising Out of PS.Case No. -334 Year- 2017 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Mukesh Kumar, Son of Late Kameshwar Sah, resident of MohallaIndrapuri Mohalla, Nokha, P.S. Nokha, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sabina Parveen, D/o Alamgir Ansari, R/o Village-Indrapuri, Ward No.5, P.S.-Nokha, District-Rohtas.

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

For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Adv For the Opposite Party/s : Mr. Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 366(A), 376 of the Indian Penal Code and Section 4 of POCSO Act. Allegation against the petitioner is that he was in physical relation with the informant on the pretext of marriage. Informant was noticed, but no one appears on behalf of the informant. Petitioner is ready to marry with the informant, if such proposal comes from the informant or her family members.

Considering the submission of the petitioner as well as the fact that the matter appears to be of physical relation with consent, let the petitioner, above named, be

Patna High Court Cr.Misc. No.25483 of 2018 (4) dt.05-07-2018 released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with POCSO Case No.80 of 2017 arising out of Nokha Police Station Case No.334 of 2017, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T