Megh Nath v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57272 of 2018 Arising Out of PS.Case No. -223 Year- 2018 Thana -KATEYA District- GOPALGANJ ====================================================== Megh Nath, son of Hira Lal Gond, resident of village- Sultanpur, P.S.- Kateya, District- Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhramveer, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 09-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Kateya P.S. Case No.223 of 2018 instituted for the offence under Section(s) 376 Indian Penal Code and Sections 3, 4, 5 and 6 of the POCSO Act. Counsel for the petitioner submits that victim has given statement before the police, which is available in para 19 of the case diary, wherein, she has stated that this petitioner has not committed illegal act with her. Medical report of the victim is available in para 37 of the case diary, wherein, doctor has found no tear or laceration over her private part. The doctor has opined her age to be 17-18 years. There is no evidence of sexual assault. Petitioner is in custody since 13.07.2018.

Patna High Court Cr.Misc. No.57272 of 2018 (3) dt.09-10-2018 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge, Gopalganj, in connection with Kateya P.S. Case No.223 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) JA/- U T