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Patna High CourtCR. MISC./67501/2019allowed

Bharat Singh v. The State Of Bihar

2019-11-15Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67501 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- KURLIKOT District- Kishanganj ====================================================== Bharat Singh Son of Dhanlal Singh Resident of Village - Jorkathal, Thakurganj, P.S.- Kurlikot, Distt - Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Radha Mohan Singh, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Kurlikot P.S. Case No. 50 of 2019, registered for offence punishable under Sections 366 and 363A of the Indian Penal Code and Sections 4 and 8 of the Protection of Children from Sexual Offences Act.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Further submission is that there is inordinate delay of 15 days in lodging FIR without plausible explanation. He further submits that the victim clearly stated in her statement recorded under Section 164 of Cr.P.C. that she has love affair with the petitioner. He further submits that the

Patna High Court CR. MISC. No.67501 of 2019(2) dt.15-11-2019 2/2 Medical Board has found the age of victim between 15 years to 17 years. The petitioner has no criminal antecedent and he is in custody since 01.09.2019.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the above-named petitioner 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 the learned Additional District and Sessions Judge 1st-cum-Special Judge, Kishanganj in connection with Kurlikot P.S. Case No. 50 of 2019. (Arvind Srivastava, J) S.Katyayan/- U T