Chhotu Kumar @ Chhotu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81862 of 2023 Arising Out of PS. Case No.-49 Year-2023 Thana- MUSAHARI District- Muzaffarpur ====================================================== CHHOTU KUMAR @ CHHOTU SAHNI S/o Shriram Sahni R/o villageMusahari @ Radhanagar, P.S.- Mushahari, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Kant Mishra, Adv.

For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Mushahari P.S. Case No.49 of 2023 lodged under Section 376 of the I.P.C. read with section 4 POCSO Act.

3. As per the prosecution case, the F.I.R. has been lodged against the sole petitioner against whom there is allegation that he has committed rape with the informant's daughter in the night and thereafter on the next morning, the daughter of the informant has disclosed the event to her mother and subsequently, the F.I.R. has been lodged.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that there are certain points which are in favour of the petitioner

Patna High Court CR. MISC. No.81862 of 2023(3) dt.05-03-2024 2/3 and creates doubt on the entire prosecution story. The first point which the counsel for the petitioner submits that the date of occurrence is of 23.02.2023 whereas the F.I.R. has been lodged on 26.02.2023.

5. Counsel further submits that for the prove of the age, a certificate has been attached with the F.I.R. which has been issued on 27.02.2023, but the said certificate has attached in the F.I.R. dated 26.02.2023.

6. Counsel further submits that the offence as per her statement under section 164 of Cr.P.C., the offence under section 376 of I.P.C. has not been made out due to the reason that the alleged petitioner has tied up her both leg and hands and only touched her body.

7. Counsel for the petitioner submits that petitioner is in custody since 02.08.2023 having clean antecedent. He also submits that the informant and accused person are resident of same village and due to dirty village politics, with a view to teach him lesson to the petitioner, the present F.I.R. has been lodged.

8. Learned counsel for the State opposes the prayer for bail.

9. In the present facts and circumstances of this case

Patna High Court CR. MISC. No.81862 of 2023(3) dt.05-03-2024 3/3 and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge 6th cum Special Judge POCSO, 1, Muzaffarpur in connection with Mushahari P.S. Case No.49 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. (Dr. Anshuman, J.) Prakashmani/- U