Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77022 of 2018 Arising Out of PS. Case No.-262 Year-2018 Thana- BALIYA District- Begusarai ====================================================== Chandan Kumar, son of Dukho Sah, resident of village - Chhoti Ballia, Maulana Chak, Ward No. - 10, P.S. - Ballia, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Randhir Kumar No-1, Advocate For the Opposite Party/s :

Mr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Ballia P.S. Case No. 262 of 2018 instituted for the offence under Section 366(A) of the Indian Penal Code and Section 3⁄4 of POCSO Act. Counsel for the petitioner submits that victim girl on recovery has given statement under Section 164 Cr. P.C. stating that she had voluntarily gone with this petitioner. He did not misbehave with her.

The medical report has been enclosed as Annexure-3 wherein the Doctor has found the age of victim girl between 16-17 years.

Petitioner is in custody since 22.9.2018 having clean antecedent.

Patna High Court Cr.Misc. No.77022 of 2018(2) dt.21-12-2018 2/2 Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner 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 Additional Sessions Judge-1st-cum-Special Judge POCSO Act, Begusarai in connection with Ballia P.S. Case No. 262 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/R.RanjanU T