Patna High CourtCR. MISC./11348/2020bail rejected

Sunil Kumar v. The State Of Bihar

2020-09-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11348 of 2020 Arising Out of PS. Case No.-40 Year-2019 Thana- MAHILA P.S. District- Lakhisarai ====================================================== Sunil Kumar Son of Nand Kewat @ Nand Lal Kewat Resident of Village - Jogmela, P.S.- Lakhisarai, Distt - Lakhisarai ... Petitioner

Versus

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

For the Petitioner :

Mr.Vijay Kumar, Advocate For the Opposite Party :

Mr.Umesh Lal Verma, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-09-2020 Heard learned counsel for the petitioner as well as learned counsel for the State through video conferencing. Petitioner apprehends arrest in Lakhisarai (Mahila) Police Station Case No. 40/2019 registered for the offences punishable under Sections 420/376 of the Indian Penal Code and section 4 of the POCSO Act.

Petitioner is alleged to have committed rape on the informant who is 16 years old on the pretext of marrying her. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He submits that even as per the FIR, the informant has herself disclosed that she was in love with the petitioner for sometime, as such, offence under section 376 of the Indian Penal Code is not attracted against the petitioner. Learned counsel for the State opposes the prayer for bail stating the petitioner committed sexual assault on the informant on the allurement of marrying her. Informant was minor and in her statement u/s 164 Cr.P.C. she has fully supported the prosecution case.

In view of the nature of allegation, prayer for bail of the petitioner is refused with direction to surrender and seek

Patna High Court CR. MISC. No.11348 of 2020(4) dt.15-09-2020 2/2 regular bail which would be considered on its own merit without prejudice.

(Prabhat Kumar Singh, J) Shashi U T