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Patna High CourtCR. MISC./45224/2014rejected

Mukesh Thakur v. The State Of Bihar

2015-03-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45224 of 2014 Arising Out of PS.Case No. -164 Year- 2013 Thana -KASBA District- PURNIA ======================================================

1. Mukesh Thakur Son of Jagdish Thakur resident of village- Jeeyanganj, P.S.- Kasba, District- Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate. For the Opposite Party/s : Mr. Gulnar Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-03-2015 Heard both sides.

The petitioner seeks bail in Kasba P.S. Case No. 164 of 2013, registered for the offences punishable under Sections 366A, 376 and other Section of the Indian Penal Code. The informant made allegation that the petitioner with his family members kidnapped the victim.

Learned counsel for the petitioner submits that there was love affair between the petitioner and the victim. The victim left her house with the petitioner and solemnized marriage. It appears that the victim was recovered and she made her statement under Section 164 of the Cr.P.C. in which she disclosed her age to be 16 years. The victim also disclosed that the petitioner committed rape with her.

Patna High Court Cr.Misc. No.45224 of 2014 (3) dt.30-03-2015 2/2 Considering the facts aforesaid and the fact that the victim is a minor and the petitioner committed rape with her, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

However, the trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt/production of a copy of this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T