Back
SUDHIR SINGH
Sumit Kumar – Appellant
Versus
State of Bihar – Respondent
The petitioner, Sumit Kumar, sought bail under Sections 439 and 440 CrPC in connection with Runnisaidpur P.S. Case No. 325 of 2019, registered under Section 376 IPC and Section 6 POCSO Act. (!) [5000302390002] The prosecution alleged that on 17.08.2019 around 12 P.M., the petitioner entered the victim's house where she was alone, committed rape upon her, and threatened her with a knife on her neck upon protest.[5000302390002] The petitioner has been in Observation Home, Muzaffarpur, since 18.08.2019.[5000302390003] On 01.10.2019, the Additional District Judge-Ist cum Special Court POCSO Act, Sitamarhi, inquired into the petitioner's age under Section 34 POCSO Act upon his claim of being a juvenile, determined his date of birth as 10.09.2001 (supported by school records), calculated his age as 17 years 11 months and 07 days on the date of the offence, declared him a child in conflict with law, but ordered him to be tried as an adult under the Juvenile Justice Act, 2015, and remanded him to Observation Home.[5000302390004] (!) (!) The Special Court rejected the petitioner's bail application on 14.11.2019.[5000302390006]
ORDER (CAV)
Sudhir Singh, J.—This application has been filed under Sections 439 and 440 of the Code of Criminal Procedure, for grant of bail to the petitioner, who is an accused in Runnisaidpur P.S. Case No. 325 of 2019 registered under Section 376 of the Indian Penal Code and Section 6 of the POCSO Act.
2. The prosecution case, in brief, is that the petitioner on 17.08.2019 around 12 P.M. entered into the house of the victim (informant) where she was alone, and committed rape on her. On her protest, he threatened to kill her, with knife on her neck.
3. Learned counsel for the petitioner submitted that the petitioner has been declared juvenile by the Special Court, POCSO Act, vide order dated 01.10.2019, as his age on the alleged date of occurrence has been assessed as 17 years 11 months and 07 days. It has also been submitted that the petitioner is in the ‘Observation Home’, Muzaffarpur, since 18.08.2019.
4. A supplementary affidavit has been filed by the petitioner bringing on record the order dated 01.10.2019, passed by the learned A.D.J.-I, Sitamarhi. On 21.08.2019, a petition on behalf of the accused having been filed before the learned court below contending that on the
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
