Dinesh Kumar Patwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5110 of 2018 Arising Out of PS. Case No.-728 Year-2017 Thana- BETTIAH CITY District- West Champaran ====================================================== Dinesh Kumar Patwa, S/o Maujee Lal Patwa, Resident of MohallaUttarwari Pokhara, M.J.K. Nagar, ward No. 6, P.S. Bettiah Town (Kalibagh O.P.), District West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. DR. AJEET KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner, who is in custody, seeks bail in connection with Bettiah Nagar (Kalibagh) P.S. Case No. 728 of 2017 registered for the offence punishable under Section 376 of the Indian Penal Code and Section 8/12 of the POCSO Act. Informant is the father of the victim, who, in his written complaint dated 10.10.2017, had alleged that on previous evening when he returned to his home her daughter aged about 6 years informed him that the petitioner had committed rape and outraged her modesty. The girl was examined by the Medical Board and as per Medical Board no

Patna High Court Cr.Misc. No.5110 of 2018(3) dt.27-02-2018 2/2 sign of any violence or sexual assault has been found either on external part or internal part of the body. No spermatozoa has been found and hymen has been found to be intact. In the statement of girl under Section 164 of the Cr.P.C. she has not stated anything regarding commission of rape but the allegation is of sexual assault only. It has been submitted that petitioner is in custody since 10.10.2017.

Learned counsel for the informant has vehemently opposed the prayer of regular bail of the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, in connection with Bettiah Nagar (Kalibagh O.P.) P.S. Case No. 728 of 2017. (S. Kumar, J) veena/- U T