Patna High CourtCR. MISC./1698/2020disposed

Ramashish Yadav v. The State Of Bihar

2020-01-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1698 of 2020 Arising Out of PS. Case No.-81 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== RAMASHISH YADAV Son of Shiv Balak Yadav @ Shri Balak Resident of Village - Uran Tola, Infront of Panjab National bank, P.S.- Gardanibagh, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar Sinha For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-01-2020 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Spl. (POCSO) Case No.135 of 2019 (arises out of Mahila P.S.Case No.81 of 2019) , registered for offences punishable under Section 376 of the Indian Penal Code and Section 6 of the POCSO ACt.

As per the prosecution case there is allegation against the petitioner to outrage the modesty of the informant, who is aged about 12 years.

Submission of the learned counsel for the petitioner is that I her statement recorded under Section 164 Cr.P.C she has not supported the allegation and they have compromised the case also.

Patna High Court CR. MISC. No.1698 of 2020(2) dt.14-01-2020 2/2 Heard learned A.P.P. , who has opposed the prayer for bail on the ground that the girl is minor and her statement is of no value ..

Having heard both sides and in view of submissions made above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court and if possible to be disposed of on the same day.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U