Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55244 of 2019 Arising Out of PS. Case No.-37 Year-2017 Thana- JURAWANPUR District- Vaishali ====================================================== 1.Raushan Kumar

2. Aditya Kumar @ Tejan Kumar both son of Om Prakash Rai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-11-2019 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are in jail custody since 31.07.2019 in connection with Jurawanpur P.S.Case No. 37 of 2017 registered under sections 341, 323, 324, 325, 377, 504/34 of the Indian Penal Code and section 6 of POCSO Act.

The accusation against the petitioners is that they did sodomy with five year old boy and when the mother of the said boy made complaint, she was assaulted by the petitioners and others.

However, perusal of the case diary goes to show that when the investigating officer summoned the informant along with victim boy for medical examination, the informant refused

Patna High Court CR. MISC. No.55244 of 2019(3) dt.27-11-2019 2/2 to participate in medical examination of the victim boy and subsequently, he filed a petition before the court below that he lodged the present case under misconception.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, above named, 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 I, cum Special Judge, Vaishali at Hajipur in connection with Jurawanpur P.S.Case No. 37 of 2017.

(Hemant Kumar Srivastava, J) N.K/- U T