Ganesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12696 of 2021 Arising Out of PS. Case No.-406 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Ganesh Sah Son of Binod Gupta Resident of Mohalla-Paraw Pokhar, P.S.- Kazi Mohammadpur, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahesh Prasad, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-08-2021 Heard the parties in virtual Court proceeding. The petitioner is languishing in custody for the offences punishable under Sections 341/323/504/506/354D/34 of the Indian Penal Code and Sections 12/14(1) of the POCSO Act.

Allegation against the petitioner is of sexual harassment to a minor girl. From the birth certificate of the victim girl it appears that she was born on 30.06.2007. The victim has supported the aforesaid allegation in her statement under Section 161 Cr.P.C.

Submission is that no CDR of the mobile phone of the petitioner was ever procured by the police. The petitioner has stated on oath that he has got no criminal antecedent. The

Patna High Court CR. MISC. No.12696 of 2021(3) dt.27-08-2021 2/2 petitioner is in custody since 05.12.2020.

Considering the nature of allegation and available material against the petitioner, I am not inclined to enlarge him on bail in connection with Town P.S. Case No.406 of 2020. Hence, prayer for bail is refused.

(Birendra Kumar, J) Mkr./- U T