Basant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72623 of 2021 Arising Out of PS. Case No.-36 Year-2021 Thana- MAHILA P.S. District- Samastipur ====================================================== Basant Kumar S/O Anandi Das Resident Of Village- Bhusawar, P.S.- Bibhutipur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mirityunjay Kumar, Adv.

For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mahila P.S. Case No. 36 of 2021 lodged under Section 376 of the I.P.C. read with Section 4 of the POCSO Act. As per the prosecution case, the allegation of rape is there against the petitioner when the victim went for natural call.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that Annexure-2 is the cause due to which the present case has been filed. Learned counsel for the petitioner submits that father

Patna High Court CR. MISC. No.72623 of 2021(4) dt.29-11-2022 2/3 of the petitioner has filed criminal case against the brother of the victim and his other associates in which matter was referred before Sarpanch and social prestige of the informant's side was lowered down and only due to this retaliation, the present case has been filed in which petitioner has been made accused. Counsel submits that there is allegation of attempt to rape in the F.I.R. The age of alleged victim is shown in the F.I.R as 15 years whereas in the medical report, her age was ascertained by the doctor is more than 18 years.

Counsel submits that the present case is the result of pending enmity between the parties and only due to this reason, she has narrated her statement under Section 164 of Cr.P.C. before the Magistrate. Counsel further submits that petitioner is in custody since 27.05.2021 having no criminal antecedent and that the charge sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail and only submits that in the F.I.R., the age of informant is 15 years given whereas in the medical report the age is more than 18 years.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees

Patna High Court CR. MISC. No.72623 of 2021(4) dt.29-11-2022 3/3 Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO or successor Court Samastipur in connection with Mahila P.S. Case No. 36 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T