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Patna High CourtCR. MISC./2633/2018rejected

Shashi Kumar Singh v. The State Of Bihar

2018-01-17Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2633 of 2018 Arising Out of PS. Case No.-283 Year-2017 Thana- KARAHGAR District- Rohtas ====================================================== Shashi Kumar Singh, son of Bahadur Raut, resident of Village-Tendua, P.S. Karagahar (Barhari), District Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad For the Opposite Party/s :

Mr. SRI NARENDRA KUMAR SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 17-01-2018 Heard Mr. Buxi S.R.P. Sinha for the petitioner and the counsel for the informant.

The petitioner apprehends his arrest in Karagahar (Barhari O.P.) P.S. Case No. 283 of 2017 registered under section 376-B IPC and section 4/6 of the POCSO Act. The prayer is for grant of pre-arrest bail.

It is submitted that the marriage negotiation was going on between the victim and the petitioner. Having failed to achieve the desired result, the FIR has been lodged. Prior thereto, an information was also lodged by the petitioner. It is also submitted that the medical report does not support the prosecution case and that she is more than 13 years of age. Learned counsel for the informant placed the FIR and

Patna High Court Cr.Misc. No.2633 of 2018(2) dt.17-01-2018 2/2 submitted that serious allegations have been levelled against the petitioner. The victim being 13 years of age has supported the case.

Looking to the seriousness of the allegation and other materials reflected from the records, prayer for anticipatory bail is rejected.

The petitioner shall surrender and pray for regular bail which shall be considered and disposed of by the trial court on its own merit in accordance with law.

(Kishore Kumar Mandal, J) HR/- U T