CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

4 04-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State duly assisted by learned counsel for the informant.

2. The accused/petitioner seeks bail in connection with POCSO Case No.16 of 2023 arising out of Kharik P.S. Case No.9 of 2023 registered for the offences punishable under Section 376 of the Indian Penal Code (in short ‘IPC’), Section 4 of the Protection of Children from Sexual Offences Act (in short ‘POCSO Act’) and Section 67-C of the I.T. Act.

3. The accused/petitioner is named in the FIR and is in custody since 15.02.2025.

4. Allegation against petitioner is to commit penetrative sexual assault upon minor daughter of informant aged about 15 years.

5. It is submitted by learned counsel appearing for the petitioner that admittedly as per statement of victim recorded under Sections 161 and 164 of the Cr.P.C., it transpires that she was in love with petitioner. It is pointed out that as per radilogical examination, the age of victim found between 17-19 years. It is pointed out that alleged occurrence took place in March, 2022 for which the FIR was lodged on 15^th Janu