Chhote @ Santosh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11843 of 2019 Arising Out of PS. Case No.-129 Year-2018 Thana- MAHILA P.S. District- Bhojpur ====================================================== CHHOTE @ SANTOSH CHOUDHARY, S/o Ramashray Chaudhary @ Barak Chaudhary, Resident of Village - Narayanpur, P.S. - Piro (Hasan Bazar), District Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376(d) of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offenses Act, 2012.

The FIR discloses commission of gang rape against the informant by others including the petitioner. The informant, who is a minor girl, has supported the allegation in her statement under Section 164 Cr.P.C.

The informant cannot be disbelieved at this stage only on the ground that submission of the learned counsel for the petitioner is that the allegation is not corroborated by medical evidence. There is no explanation that how she reached at the

Patna High Court CR. MISC. No.11843 of 2019(3) dt.06-05-2019 2/2 place of occurrence.

Considering the nature of allegation against the petitioner, I am not inclined to enlarge him on bail in connection with POCSO Case No. 63 of 2018 arising out of Bhojpur Mahila Police Station Case No. 129 of 2018 pending in the court of learned 1st Additional Sessions Judge, Ara, Bhojpur. Hence, prayer for bail is refused.

Learned trial court is directed to expedite the trial. (Birendra Kumar, J) Kundan/- U T