Patna High CourtCR. MISC./45403/2018bail granted

Biku Kumar v. The State Of Bihar

2018-09-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45403 of 2018 Arising Out of PS.Case No. -103 Year- 2018 Thana -JAKKANPUR District- PATNA ====================================================== Biku Kumar S/o Late Sheo Kumar Yadav, R/o Mohalla- Jitlal Path, Karbigahiya, P.S.- Jakkanpur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-09-2018 Heard the parties.

The petitioner seeks regular bail in connection with Jakkanpur P.S. Case No. 103 of 2018 registered for offences punishable under Sections 366(A), 376 of the Indian Penal Code and 4/8 POCSO Act, 2012 corresponding Spl. Case No. 33 of 2018.

Allegation against the petitioner is that having sexual intercourse of the girl on the pretext of marriage. Submission of the learned counsel for the petitioner is that the statement under section 164 Cr.P.C. itself falsify the prosecution story and she has stated that she has gone her own will and medical report itself shows that she was aged about 17-19 years. Petitioner is in custody since 03.03.2018.

Patna High Court Cr.Misc. No.45403 of 2018 (3) dt.10-09-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/-(Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-I, Patna in connection with Jakkanpur P.S. Case No. 103 of 2018 corresponding Spl. Case No. 33 of 2018, subject to condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (Vinod Kumar Sinha, J) Sanjeev/- U T