Ajay Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51005 of 2017 Arising Out of PS. Case No.-188 Year-2011 Thana- MEERGANJ District- Gopalganj ====================================================== Ajay Pathak son of Late Gulab Pathak, resident of village Birtitola P.S. Kuchaikote, Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Bihari Singh For the Opposite Party/s :

Mr. SRI NIRMAL KUMAR SINHA ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-11-2017 Heard both sides.

Prayer is for grant of bail in Mirganj P.S. Case No. 188 of 2011 registered under sections 366 and 366-A/34 IPC. The petitioner being the maternal uncle of the victim kidnapped her and forcibly established physical relation. The offence was committed in 2011. The victim on recovery made a statement under section 164 Cr. P.C. on 20th September, 2013 wherein she alleged that the petitioner had forcibly established physical relation with her.

Learned counsel for the petitioner submits that the FIR was lodged after 05 days of the occurrence. There is no explanation for the delay in lodging the FIR. The victim has now been married to another person and she is carrying a baby also. The

Patna High Court Cr.Misc. No.51005 of 2017(2) dt.20-11-2017 2/2 petitioner has no criminal antecedents.

Counsel for the State opposed the prayer. It is pointed out that several years after the incident, the petitioner surrendered and is in custody since 19.08.2017.

Considering the seriousness of the allegation, the Court is not inclined to grant bail to the petitioner. Prayer is accordingly rejected.

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