Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52471 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- KHUDWA District- Aurangabad ====================================================== AMIT KUMAR S/o Late Jagdish Singh R/o Village- Kusha, P.S.- Obra, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Khudwa P.S. Case No. 18 of 2019, instituted for the offence under Section(s) 376, 354(D), 506 of Indian Penal Code and Section 4 of Protection of Children from Sexual Offences Act.

It is alleged in the written report that petitioner used to come at the house of the informant with a view to help on the pretext of releasing the husband of the informant from custody. The petitioner had bad intention on minor daughter of the informant. The informant sent her daughter to her parental home in village Chanda. Petitioner went there and committed illegal act with her daughter and made video.

The victim girl has given statement under Section 164 Cr. P.C. which has been enclosed as Annexure-3 wherein she has stated that petitioner is his cousin brother. He used to come to her

Patna High Court CR. MISC. No.52471 of 2019(2) dt.28-08-2019 2/2 house regularly. She has further stated that six months back she went to her grand-mother (nani) house. The petitioner used to come there also. He committed illegal act with her.

The victim girl was sent for medical examination. The medical report has been enclosed as Annexure-4 wherein it is mentioned that she refused to undergo her medical examination. The age of victim girl has been opined by Doctor as per Annexure-5 between 18-19 years.

Petitioner is in custody since 3.3.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge cum Special Judge (POCSO), Aurangabad, in connection with Khudwa P.S. Case No. 18 of 2019, subject to the condition that both the bailors will be close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T