Birju Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19238 of 2016 Arising Out of PS.Case No. -306 Year- 2015 Thana -MALSALAMI District- PATNA ======================================================

1. Birju Thakur son of Shankar Thakur alias Shiv Shankar Thakur, resident of Sahdara Ramdhari, Road, Police Station Malsalami, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Khatim Reza For the Opposite Party/s : Mr. Tapeshwar Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section376 of the Indian Penal Code and under Section-4 of POSCO Act. The petitioner is said to have committed rape upon a 12 years girl, who supported the allegation in her statement, recorded under Section-164 of the Cr.P.C.

Although learned counsel for the petitioner points out that the medical evidence does not support the allegation but taking into consideration the statement of victim, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Malsalami P.S. Case No. 306 of 2015 (Special (POSCO) P.S. Case No. 161 of 2015 pending in the court of

Patna High Court Cr.Misc. No.19238 of 2016 (2) dt.06-05-2016 2/2 learned Additional District & Sessions Judge-Ist, Patna stands rejected.

(Hemant Kumar Srivastava, J) A.K.V./- U T