Vikash Yadav @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2947 of 2024 Arising Out of PS. Case No.-354 Year-2023 Thana- KATORIYA District- Banka ====================================================== Vikash Yadav @ Vikash Kumar S/o Mahendra Yadav Resident Of villageKagisar, P.S- Katoria, District-Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar, Advocate For the State :
Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Katoria P.S. Case No. 354 of 2023 registered for the offence punishable under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.
3. As per the prosecution case, the petitioner was having a consensual relationship with the informant.
4. The informant was found to be a major in the medical examination. It appears to be a case of consensual sex.
5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.
6. Considering the fact that the informant is found to be a major in the medical examination and considering the fact
Patna High Court CR. MISC. No.2947 of 2024(2) dt.24-01-2024 2/2 that it appears to be a case of consensual sex between two adults, this application is allowed.
7. 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 Additional Sessions Judge 6-cum-Special Judge POCSO, Banka in connection with Katoria P.S. Case No. 354 of 2023 subject to the condition that the petitioner will co-operate in the trial. (Sandeep Kumar, J) P. Kumar U T