Kanhaiya Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.1644 of 2015 (2) dt.15-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1644 of 2015 Arising Out of PS.Case No. -432 Year- 2013 Thana -FORBESGANJ District- ARRARIA ====================================================== Kanhaiya Rai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s : Mr. A.A.Khan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-01-2015 Heard learned counsels for the petitioner and the State. The petitioner being uncle of the victim is languishing in custody since27.11.2014 in a case registered for the offences punishable under Sections 376(1),326 and 307 of the Indian Penal Code and section 6 of the Protection of Children from Sexual Offences Act.

The accusation is that the petitioner took the victim and handed over to one Bikram Rai who committed rape with the victim and subsequently cut her private parts. The accusation of taking the victim by this petitioner and handing over to Bikrama Rai has also been suggested by the victim in 164 Cr.P.C. statement.

The accusation levelled in the FIR and supported by the minor child is shocking to the conscience of this court.

Patna High Court Cr.Misc. No.1644 of 2015 (2) dt.15-01-2015 This court is not inclined to grant bail to the petitioner in connection with Spl. Case No. 4/9 of 2014 arising out of Forbesganj P.S. Case No. 432 of 2013 pending in the court of learned Special Judge, Araria.

This application is, accordingly, dismissed.

(Dinesh Kumar Singh, J) Anil/- U T