Mukesh Maraiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35564 of 2018 Arising Out of PS. Case No.-297 Year-2017 Thana- BAUNSI District- Banka ====================================================== Mukesh Maraiya son of Mahadev Maraiya resident of village Sitaladagal, P.S. Bounsi, District Banka.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Brij Nandad Prasad For the Opposite Party/s :

Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 21-06-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Bounsi P.S.Case No. 297 of 2017 registered under Sections 363, 354B and 366 of the Indian penal Code and Section 12 of the POCSO Act.

Allegation in brief is that two minor daughters of the informant were going to another village then on the way petitioner and one another accused started outraging their modesty and kidnapped one daughter Asha Kumari and later on, police recovered the girl from the possession of the petitioner. Submission is that no sexual exploitation was committed by the petitioner as she has stated in her statement recorded under Section 164 Cr.P.C.

Whereas learned counsel for the State submits that girls were minor and one of them was kidnapped by petitioner and

Patna High Court Cr.Misc. No.35564 of 2018(2) dt.21-06-2018 2/2 also recovered from his possession and in her statement recorded under Section 164 Cr.P.C., she has supported the occurrence, as reflected from the impugned order. Having considered the aforesaid facts and circumstances, the prayer of bail of the petitioner is rejected and the trial court is directed to expedite the trial.

(Arun Kumar, J) sujit/- U T