Patna High CourtCR. MISC./59442/2018bail granted

Sonu Deo v. The State Of Bihar

2018-10-29Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59442 of 2018 Arising Out of PS.Case No. -78 Year- 2018 Thana -SIMRI District- DARBHANGA ======================================================

1. Sonu Deo Son of Sunil Lal Deo, resident of Village- Phulbariya, P.S.- Bishanpur, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner, informant and the learned A.P.P. for the State.

The petitioner seeks bail in Simri P.S. Case No. 78/2018, instituted for the offences under Sections 376/34 of the Indian Penal Code read with Sections 3/ 4 of POCSO Act. In the written report, it is alleged that daughter of informant informed her that in the night of 04.06.2018 while she was walking near garage, two boys came and covered her face and took her in orchard, where they committed rape with her. It is further alleged that daughter of informant had identified this petitioner.

Medical report has been enclosed as Annexure- 3, wherein doctor has found no any injury on the private part of the

Patna High Court Cr.Misc. No.59442 of 2018 (3) dt.29-10-2018 2/2 victim.

Learned counsel for the petitioner has submitted that matter has been compromised and joint compromise petition has been filed in the Court of 1st Additional Sessions Judge-cumSpecial Judge, POCSO Act, Darbhanga. From the written report, it appears that occurrence is said to have taken place on 04.06.2018 and F.I.R. has been lodged on 06.06.2018. Considering the aforesaid fact and circumstances, 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 the learned 1st Additional Sessions Judge-cum-Special Judge, POCSO Act, Darbhanga in connection with Simri P.S. Case No. 78/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J.) Rakhi U T