Sk. Sahadat v. The State Of Bihar

Patna High Court Cr.Misc. No.45248 of 2018 (2) dt.27-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45248 of 2018 Arising Out of PS.Case No. -47 Year- 2018 Thana -AMDABAD District- KATIHAR ======================================================

1. Sk. Sahadat son of Sk. Nepul resident of Village - Belgachhi, P.S. Amdabad, District Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 27-07-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody seeks bail in Amdabad PS Case No. 47 of 2018 registered under Section 376 of the IPC and Sections 4/8 of Pocso Act.

The allegation in brief is that on the pretext of marrying the prosecutrix the petitioner used to establish sexual relationship. Learned Counsel for the petitioner submits that the girl is major and it was a consensual relationship; the narration in the FIR itself discloses the fact that her mother saw them in compromising position then this case was lodged and prior to that also, as per her disclosure she was having sexual relationship with the petitioner but the matter was never reported by her.

Having considered the said facts and circumstances, the petitioner, namely, Sk. Sahadat is directed to 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 Additional Sessions Judge lst -cum- Special Judge, Katihar in connection with Amdabad PS Case No. 47 of 2018.

(Arun Kumar, J) Snkumar/- U T