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Patna High CourtCR. MISC./12627/2018rejected

Sintu Verma @ Chandan @ Situ Verma v. The State Of Bihar

2018-04-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12627 of 2018 Arising Out of PS.Case No. -15 Year- 2017 Thana -MAHILA PS District- BUXAR ======================================================

1. Sintu Verma @ Chandan @ Situ Verma S/o Shivjee Verma, R/o Village- Bari Tola No.-22 Buxar , P.S.- Buxar Town, District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Mahila P.S. Case No.15 of 2017, a case under Sections 341/376/511 of the Indian Penal Code and Sections 8/11 of the POCSO Act, pending in the Court of Additional Sessions Judge-I, Buxar.

Allegation against the petitioner is of commission of rape against three years daughter of the informant. The medical report would reveal that the doctor has found some abnormal sign and has opined that commission of rape cannot be ruled out. Submission of the learned counsel for the petitioner is that statement of the victim was not recorded by the police nor

Patna High Court Cr.Misc. No.12627 of 2018 (3) dt.18-04-2018 P2/ before the Magistrate under Section 164 Cr.P.C. Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused. The learned trial Court is directed to expedite the trial.

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