Shoshil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76222 of 2024 Arising Out of PS. Case No.-188 Year-2024 Thana- HILSA District- Nalanda ====================================================== Shoshil Kumar S/O Shiv Balak Prasad R/o Village- Krishna Bigha, P.S. -Hilsa ,Dist.- Nalanda ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-01-2025 Heard Mr. Birendra Kumar, learned counsel for the petitioner and Mr. Sanjay Kumar Tiwari, learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366(A) and 376 of the Indian Penal Code and Section 4/6 of the POCSO Act.
3. The case of the prosecution is that the informant is residing with her sister at Mohalla-Krishnapur for the purpose of studies. On 15.03.2024, the sister of the informant did not return from her school. One of the teacher of D.P.S. School, namely, Goutam Sir called the informant to talk to Chanchala then he told that she has not reached at house. The FIR was filed against unknown. During the course of investigation, the victim
Patna High Court CR. MISC. No.76222 of 2024(3) dt.22-01-2025 2/3 was recovered. At paragraph-34 of the case diary, the victim has given her statement under Section 161 of the Cr.P.C. wherein she has stated that she has love affair outside marriage with the petitioner and that she has solemnized marriage with him and they are living as husband and wife. She has also given her statement under Section 161 of the Cr.P.C. wherein she has stated that the petitioner has enticed and kidnapped her. Her medical was conducted but she denied for any kind of internal examination. Her Medical Examination was conducted only for determination of her age and the Medical Board found her age 19 to 20 years.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. During the course of argument, learned counsel for the petitioner submits that she has produced School Leaving Certificate which goes to show that the victim was minor on the date of occurrence but School Living Certificate is not a document of age in view of section 94 of the JJB Act. There is much contradiction in the statement of the victim recorded under section 161 and 164 of the Cr.P.C. The statement of the victim in both provisions are on same footing as the victim herself has stated in her statement before
Patna High Court CR. MISC. No.76222 of 2024(3) dt.22-01-2025 3/3 the police that she was in love affair outside marriage with the petitioner. Moreover the petitioner is languishing in judicial custody since 07.04.2024 having no criminal antecedent.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hilsa P.S. Case No. 188 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -VIIth cum Special Judge POCSO, Bihar Sharif, Nalanda.
(Ashok Kumar Pandey, J) Jagdish/- U T