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Patna High CourtCR. MISC./17199/2017dismissed

Tunnu Manjhi v. The State Of Bihar

2017-04-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17199 of 2017 Arising Out of PS.Case No. -77 Year- 2016 Thana -MAHILA PS District- GAYA ======================================================

1. Tunnu Manjhi Son of Late Ramjee Manjhi r/o village - Amaitha, P.S. Wazirganj, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-04-2017 The petitioner is in custody since 16.11.2016 in connection with Mahila P.S. Case No. 77 of 2016, registered for offences punishable under Sections 376 and 506 of Indian Penal Code and Section 4 of POCSO Act.

Allegation against the petitioner is of commission of rape on the informant twice.

It has been submitted on behalf of the petitioner that in this case, there is delay of lodging the F.I.R and further the girl was examined by a Doctor but the Doctor has not found any sign of rape on informant. Petitioner has been in judicial custody since 16.11.2016 and has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the fact that ther

Patna High Court Cr.Misc. No.17199 of 2017 (2) dt.13-04-2017 2/2 is direct allegation against the petitioner of committing rape on the informant twice and the informant is a minor in this case, as such, I am not inclined to grant the petitioner the privilege of regular bail, it is accordingly rejected.

(Vinod Kumar Sinha, J) sunil/- U T