Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72249 of 2022 Arising Out of PS. Case No.-264 Year-2022 Thana- SURYAGARHA District- Lakhisarai ====================================================== Rajesh Kumar Son Of Gani Pandit @ Ganik Pandit R/O VillageChakmaskan, P.S.- Surajgarha, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Udbhav For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-03-2023 Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Surajgarha P.S. Case No. 264 of 2022 registered for the offence under Section 376 of the Indian Penal Code and Sections 04/06 of the POCSO Act.

From reading of the FIR, it appears that it was a consensual sex between the parties. The petitioner is a student aged about 23 years and he is in custody since 31.08.2022. Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

Patna High Court CR. MISC. No.72249 of 2022(2) dt.04-03-2023 2/2 Let the petitioner, above named, be released on bail after framing of charge if the charge is not framed yet and on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge POCSO Court, Lakhisarai in connection with Surajgarha P.S. Case No. 264 of 2022.

As a condition of this order, the petitioner should cooperate in the proceeding of the Court below and if the petitioner tries to delay the trial, the Court below is at liberty to pass an appropriate order including the cancellation of bail bonds of the petitioner.

The petitioner will visit Surajgarha Police Station, District Lakhisarai on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Vikas/Shishir U