Ratan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63230 of 2019 Arising Out of PS. Case No.-126 Year-2019 Thana- DINARA District- Rohtas ====================================================== Ratan Choudhary, S/o Late Khakhanu Choudhary, Resident of Village- Semo Dihari, P.S.- Dinara, District- Rohtas (Sasaram). ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajiva Ranjan, Advocate For the Opposite Party/s :

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with POCSO Case No.41 of 2019 arising out of Dinara P.S. Case No.126 of 2019 registered under Sections 341, 323, 376, 504, 506 read with 34 of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act. Considering that the victim was examined by a Medical Board immediately after the occurrence of offence and the board found the hymen intact and no sparmatazoa dead or alive was found and the statement of the victim recorded under section 164 of the Code of Criminal Procedure also does not fully corroborate the allegation made in the first information report, the petitioner, who happens to be grand father of the

Patna High Court CR. MISC. No.63230 of 2019(2) dt.04-12-2019 2/2 victim, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand only) with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Sessions Judge, Rohtas, Sasaram in connection with POCSO Case No.41 of 2019 arising out of Dinara P.S. Case No.126 of 2019.

(Ashwani Kumar Singh, J.) Sanjeet/- U T