Kundan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56503 of 2019 Arising Out of PS. Case No.-461 Year-2018 Thana- NATHNAGAR District- Bhagalpur ====================================================== KUNDAN THAKUR Son of Prakash Thakur Resident of Badsahganj, P.S.- Amarpur, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-03-2020 The petitioner seeks regular bail in connection with Nathnagar (Madhusudanpur) P.S. Case No. 461 of 2018, registered for offences punishable under Sections 376/34 of the Indian Penal Code and section 4 of the POCSO Act. Allegation against the petitioner is of establishing physical relationship with the informant promising marriage but he refused to marry her.

It has been submitted on behalf of the petitioner that the F.I.R., itself shows that it is consensual relationship between the parties and medical report disclose that the girl is more than eighteen years of age and even chargesheet has not been submitted under POCSO Act and petitioner has been in custody since 11.06.2018.

Heard learned A.P.P. also.

Patna High Court CR. MISC. No.56503 of 2019(4) dt.03-03-2020 2/2 Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -I, Bhagalpur -cum-Special Judge, POCSO Act, Bhagalpur, in connection with Nathnagar (Madhusudanpur) P.S. Case No. 461 of 2018, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunilkumar/- U T