Birju @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56122 of 2017 Arising Out of PS.Case No. -92 Year- 2016 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ======================================================

1. Birju @ Raja, S/o Vijay Sah, R/o Village- Baranti, P.S.- Raja Pakar (Baranti O.P.), District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rina Sinha For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 363/366A of the Indian Penal Code as well as Section 4 and 6 of the Protection of Children from Sexual Offenses Act, 2012.

According to FIR, the petitioner and others named persons kidnapped to the minor niece of the informant. The victim in her statement under Section 164 Cr.P.C. alleged forceful kidnapping by the petitioner and forceful physical relation. Submission is that the matter is of love affairs and false implication is there. The age of the victim has been assessed by the Medical Board in between 17 to 19 years. The petitioner is in custody since 29.07.2016 and has got no criminal

Patna High Court Cr.Misc. No.56122 of 2017 (3) dt.05-02-2018 2/2 antecedent.

Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail for the present in connection with Raja Pakar (Baranti O.P.) P.S. Case No. 92 of 2016 pending in the Court of learned Special Judge, Vaishali at Hajipur.

Hence, prayer for bail is refused.

However, the learned trial Judge is directed to expedite the trial and conclude the same within a period of nine months, failing which the petitioner may renew his prayer for bail before the learned court below who shall pass a reasoned order. (Birendra Kumar, J) Kundan/- U T