Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59412 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== PRINCE KUMAR Son of Dilip Prasad Singh Resident of Village - Dhanaur, P.S.- Katra, Distt - Muzaffarpur.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Seema Sinha Wife of Bijay Prasad Singh Resident of Village - Dhanaur, P.S.- Katra, Distt - Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mazharul Hassan For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2019 This application, for grant of anticipatory bail, arises out of Complain Case No. 11 of 2019, disclosing offences under Sections 376, 511, 323, 307, 324, 354(a) of the Indian Penal Code and Section 4 /6 of the POCSO Act.

Allegation against the petitioner is entering inside the house of the complainant and attempted to commit rape upon the daughter of complainant and also assaulted her by knife. Submission of learned counsel for the petitioner is that petitioner has falsely been implicated in this case in the background of land dispute and from the deposition of the alleged victim girl, it is evident that petitioner is her cousin brother and further falsity of the case will appear from the fact

Patna High Court CR. MISC. No.59412 of 2019(2) dt.19-09-2019 2/2 that the name of victim girl is Rupam Kumari but the treatment report was with respect to one Rashmi Kumari and a probate case is also pending between the parties.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let petitioner surrender in the court below within two weeks, on which, he is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -I-cum-Special Judge, POCSO Act, Muzaffarpur, in connection with Complain Case No. 11 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

It is further subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court.

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