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Patna High CourtCR. MISC./63988/2019bail granted

Chandan Kumar v. The State Of Bihar

2019-10-18Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63988 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- MAHILA PS District- Jehanabad ====================================================== Chandan Kumar Son of Sri Arvind Thakur Resident of Village- Mirjapur, Post- Pitamberpur, O.P.- Okri, P.S.- Ghosi,District- Jahanabad, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Jahanabad Mahila P.S. Case No. 43 of 2019, registered under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.

The accusation is of committing rape of minor daughter of informant by the petitioner.

Learned counsel for the petitioner submits that petitioner is the nephew of the informant and due to family dispute, the present case had been lodged with false allegation by the informant on 09.07.2019 regarding the occurrence dated 06.07.2019. Moreover, in the medical examination of minor

Patna High Court CR. MISC. No.63988 of 2019(2) dt.18-10-2019 2/2 daughter of the informant, no any external or internal injury was found. The petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Special Judge (POCSO)-cum-ADJ-I, Jehanabad, in connection with Jahanabad Mahila P.S. Case No. 43 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T