Patna High CourtCR. MISC./24667/2018bail granted

Sangam Kumar Sagar v. The State Of Bihar

2018-09-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24667 of 2018 Arising Out of PS.Case No. -345 Year- 2017 Thana -SABAUR District- BHAGALPUR ====================================================== Sangam Kumar Sagar, Son of Shekhar Mandal, Resident of VillageBaijnathpur, P.S.- Sabour, District- Bhagalpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2018 Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Sabour P.S.Case No. 345 of 2017 registered for the offences punishable under Sections 341, 323, 376/34 of the Indian Penal Code and Sections 4/6 of POCSO Act.

Allegation against the petitioner is that he has taken the prosecutrix with him and made physical relationship with her and thereafter father of petitioner gave assurance of marriage but they refused.

Learned counsel for the petitioner has submitted that in her statement recorded under Section 164 Cr.P.C. though she has stated her age as 17 years but not made any allegation of rape and as such she is a consensual party and petitioner is in custody since

Patna High Court Cr.Misc. No.24667 of 2018 (6) dt.14-09-2018 2/2 28.11.2017.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, as stated above, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Bhagalpur, in connection with Sabour P.S.Case No. 345 of 2017, subject to the condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U