Lutan @ Chandrajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1921 of 2020 Arising Out of PS. Case No.-79 Year-2019 Thana- THAKRAHA District- West Champaran ====================================================== LUTAN @ CHANDRAJEET KUMAR Son of Shreekant Resident of Village - Jero Khas Parasa @ Sirisiya, P.S.- Sewarahi, At present, P.S.- Tareya Sujan, Distt - Kushinagar (U.P.) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Raghunath Mahto Son of Bjlu Mahto Resident of Ali Tola, Ward No. 4, Post and P.S.- Thakaraha, Distt - West Champara (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suresh Prasad Sharma For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 22-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 07.10.2019 in connection with Thakraha P.S. Case No. 79 of 2019 for the offence registered under Sections 363 and 366A of the Indian Penal Code.

Learned counsel for the petitioner submits that the victim girl had fled away with him of her own sweet will which is evident from her own statement made under Section 164 Cr.P.C.

However, considering the fact that the victim girl is a minor and that she has specifically stated in her statement under Section 164 Cr.P.C. that the petitioner had forcibly made sexual relation with her, I am not inclined to granted regular bail to the

Patna High Court CR. MISC. No.1921 of 2020(2) dt.22-01-2020 2/2 petitioner. It, is accordingly, rejected.

(Anjana Mishra, J) Jagdish/- U T