Patna High CourtCR. MISC./1493/2020dismissed

Satish Kumar @ Satish Raj @ Santosh Kumar @ Satish Kumar Raj v. The State Of Bihar

2020-05-27Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1493 of 2020 Arising Out of PS. Case No.-62 Year-2019 Thana- MAHILA P.S. District- Sheikhpura ====================================================== SATISH KUMAR @ SATISH RAJ @ SANTOSH KUMAR @ SATISH KUMAR RAJ Son of Gumani Yadav Resident of Village - Mahadeo Nagar (Golden Chouk), P.S.- Sheikhpura, District - Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Bipin Kumar, Advocate For the Opposite Party :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-05-2020 Heard the parties and perused the case diary. This regular bail petition is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

The petitioners seek regular bail in a case registered for an offence punishable under sections 363, 366A, 120B, 506/34 of the Indian Penal Code and under section 12 of the POCSO Act.

Informant alleges that the petitioner and his family members kidnapped her daughter who was studying in Class IX. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case as the petitioner has no criminal antecedent and he is in custody since 4.11.2019, though he is a I.Sc. passed student.

Patna High Court CR. MISC. No.1493 of 2020(3) dt.27-05-2020 2/2 Learned Addl.P.P. opposes the prayer for bail. He submits that the victim girl has clearly made allegation against the petitioner in her section 164 Cr.P.C. statement. Age of the victim has been assessed to be 16 years by the Court below, whereas the Medical Board has assessed her age to be 17 to 18 years.

Taking into consideration the nature of allegation levelled by the victim herself in her section 164 Cr.P.C. statement as well as her age, prayer for bail of the petitioner is refused.

Shashi (Prabhat Kumar Singh, J) U T