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Patna High CourtCR. MISC./2550/2020dismissed

Amit Kumar v. The State Of Bihar

2020-01-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2550 of 2020 Arising Out of PS. Case No.-757 Year-2019 Thana- BANKA District- Banka ====================================================== AMIT KUMAR Son of Birendra Kumar Sah Resident of Village- Karsani, P.S.- Rajoun, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-01-2020 Heard the parties.

This application is for grant of regular bail in connection with Banka (Barahat) P.S.Case No.757 of 2019 for the offences under Section 366(A)/34 of the Indian Penal Code and Section 8 of the POCSO Act.

As per the FIR, petitioner provided some Jhalmuri to the victims due to that they became unconscious and took them to some other places where they were subjected to rape. Victims are said to be minor aged about 13 and 14 years. Submission of the learned counsel for the petitioner is that the statement of the victims recorded under Section 164 Cr.P.C. discloses that the petitioner has not committed rape and he is in custody since 28.10.2019. Heard learned A.P.P. , who has opposed the prayer

Patna High Court CR. MISC. No.2550 of 2020(2) dt.20-01-2020 2/2 for bail stating that the petitioner is conspirator in kidnapping of the minor girls..

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner .

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U