Mithilesh Sharma @ Mithilesh Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67183 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- MAHILA P.S. District- Araria ====================================================== MITHILESH SHARMA @ MITHILESH KUMAR SHARMA Son of Gopi Sharma Resident of Village- Bhaiya Ram Bishanpur, Ward No.- 11, P.S.- Bhargama, Dist.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the State :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 504, 376, 447/34 of the Indian Penal Code and Section-4 of the POCSO Act.

Allegation against the petitioner is of committing rape upon the informant, Kavita Kumari.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 29-07-2019. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. The victim was exained by the

Patna High Court CR. MISC. No.67183 of 2019(3) dt.04-03-2020 2/2 Medical Officer. The age of the victim is said to be 19-20 years as per the finding given by the Medical Officer. No sign of fresh sexual assault is found. The Medical Examination report does not corroborate the allegation made in the FIR. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, 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 learned Additional Sessions Judge-Ist-cum-Special Judge, POCSO Act, Araria in connection with Araria Mahila P.S. Case No. 36 of 2019, Spl. (POCSO case No. 21 of 2019).

(Sudhir Singh, J) A.K.V.//- U T