Chandrabhan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44210 of 2018 Arising Out of PS.Case No. -505 Year- 2017 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Chandrabhan Singh, S/o Munirka Singh, Resident of Village- Mahui, P.S.- Ramnagar, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Learned counsel for the informant is also present.

The petitioner has been in custody since 24.04.2018 in connection with Shikarpur P.S. Case No. 505/2017 registered for the offences punishable under Sections 363/366A of the Indian Penal Code and Section 12 of the POCSO Act. Learned counsel for the petitioner submits that though it is alleged that the petitioner kidnapped the girl who is said to be a minor, the medical report indicates to be 17 years of age and has also ruled out the allegation of any sexual assault. It is further submitted that the petitioner and the informant's side are related through marriage and the girl and boy have met with each other and admittedly the girl in her statement under Section 164

Patna High Court Cr.Misc. No.44210 of 2018 (4) dt.20-08-2018 2/2 Cr. P.C. has not alleged any misbehavior with herself. Considering the aforementioned facts and circumstances and that age of the victim girl has been found to be between 17-19 years and the provisions of POCSO Act cannot be attracted and in view of the aforementioned facts and circumstances and also because the petitioner has got no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge-cum-Special Judge, Bettiah, West Champaran, in connection with Shikarpur P.S. Case No. 505/2017. (Anjana Mishra, J) Saif/- U T