Patna High CourtCR. MISC./22241/2018bail granted

Pawan Kumar Mehta v. The State Of Bihar

2018-06-29Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22241 of 2018 Arising Out of PS.Case No. -26 Year- 2018 Thana -MAHILA P.S District- SUPAUL ====================================================== Pawan Kumar Mehta S/o Raghu Mehta @ Raghunandan Mehta R/o Village-Udhampur, P.S.-Chhatapur, District-Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-06-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Mahila (Supaul) PS case no. 26 of 2018 instituted for the offences punishable under Sections 376(D), 506 of Indian Penal Code and 4/6 of POCSO Act.

The allegation against the petitioner is committing rape with the victim girl.

The learned counsel for the petitioner, referring to the materials available in the case diary, has submitted that despite repeated notices to the informant, the victim girl has neither been produced for recording her statement under Section 164 Cr.P.C. nor the victim girl has been produced for the purposes of medical

Patna High Court Cr.Misc. No.22241 of 2018 (5) dt.29-06-2018 2/2 examination. The petitioner is said to be in custody since 01.03.2018.

Having regard to the facts and circumstances of the case, more particularly the fact that the informant does not appear to be serious about the present case, this Court has no option but to grant regular bail to the petitioner on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J. 1st Supaul/ Incharge successor court in connection with Mahila (Supaul) PS case no. 26 of 2018. It is further directed that the petitioner shall mark his presence before the officer-in-charge of the concerned police station at 10 am on every Monday and in case of failure to do so on two consecutive occasions, the present privilege of bail shall stand cancelled automatically.

(Mohit Kumar Shah, J) rinkee/- U T