SONALI KUMARI Vs. STATE OF BIHAR & ANR

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is preferred by the complainant seeking cancellation of bail granted to the accused-respondent no. 2, by the High Court of Judicature at Patna in Criminal Miscellaneous No. 29512 of 2017 in a case wherein, accused-respondent no. 2 was charged for the offence punishable under Sections 354, 354(A), 354(B), 342 of the IPC and Section 7 of POCSO Act, as per the FIR No. 05/17. Thereafter, accused-respondent no. 2 was charged under Section 376(g) of the IPC and Section 8 of the POCSO Act, as per the final report dated 14.01.2017, filed by the police under Sec. 173/174 Cr.P.C.

(3.) According to the prosecution, a complaint was lodged at Khusrupur Police Station on 14th January, 2017 by a minor girl that while she was going to a shop to purchase an electric bulb, the accused-respondent No. 2 and two other boys, came from behind, grabbed her mouth, forcibly took her away to an isolated place and committed rape on her. On the basis of complaint, police registered the case against the accused and got the victim medically examined at the primary health centre. After investigation, aforesaid charges were levelled against the accused. Subsequently, his application for bail before the Trial Court came to be rejected. Being aggrieved thereby, accused-respondent no. 2 approached the High Court, wherein the High Court vide impugned order granted him bail, after subjecting the same to certain conditions. Challenging the said order of the High Court, the complainant is in appeal before us.