Akhilesh Mishra @ Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13879 of 2019 Arising Out of PS. Case No.-130 Year-2015 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Akhilesh Mishra @ Akhilesh Kumar S/o Damodar Mishra R/o VillagePokhraira, P.S.- Kanti, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidya Nath Thakur, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Section 376 of the Indian Penal Code and Sections 4/5 of the POCSO Act in connection with Kanti P.S. Case No. 130 of 2015.

Allegation against the petitioner is that he ravished to the informant in the night taking advantage of her loneliness. The victim claims her age as 14 years and the doctor claims her age 17 to 18 years. There is no material showing strong motive for false implication of the petitioner.

Considering the nature of allegation disclosed in the FIR , I am not inclined to enlarge the petitioner on bail. Hence, the prayer

Patna High Court CR. MISC. No.13879 of 2019(3) dt.13-05-2019 2/2 for bail is refused. The learned trial Court is directed to expedite the trial.

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