Patna High CourtCR. MISC./51554/2014rejected

Raju Srivastva v. The State Of Bihar

2015-03-03Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51554 of 2014 Arising Out of PS.Case No. -178 Year- 2014 Thana -PIRO District- BHOJPUR ======================================================

1. Raju Srivastva s/o late Bharath Srivastva Resident of village - Bihiya Road P.S. Piro, District - Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Ganesh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with POCSO Case No. 14 of 2014 arising out of Piro P.S. Case No. 178 of 2014 registered for the offences punishable under sections 363, 366-A of the Indian Penal Code as well as 4 and 6 of the Prevention of Children from Sexual Offences Act, 2012.

Learned counsel for the petitioner has submitted that the alleged victim willfully went together with the petitioner and married him and hence the offences alleged would not be attracted against the petitioner.

On the other hand, learned counsel for the State has submitted that on conclusion of investigation the police have

Patna High Court Cr.Misc. No.51554 of 2014 (2) dt.03-03-2015 2/2 submitted charge sheet interalia under section 376 of the Indian Penal Code as the petitioner is alleged to have established physical relationship with a minor girl aged about 13 years. Regard being had to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner for the present. Accordingly, the prayer for bail is rejected. In case, the trial is not concluded within nine months from the date of receipt/production of a copy of the order, petitioner would be at liberty to renew his prayer for bail. (Ashwani Kumar Singh, J) Pradeep/- U T