Patna High CourtCR. MISC./52300/2018dismissed

Tuntun Das @ Krishan Kumar Das v. The State Of Bihar

2018-10-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52300 of 2018 Arising Out of PS.Case No. -253 Year- 2017 Thana -ROSERA District- SAMASTIPUR ======================================================

1. Tuntun Das @ Krishan Kumar Das S/o Late Damodar Das, R/o Dattha, P.S.- Rosra, Ward No. 8, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prahalad Kumar Bhagat For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-10-2018 Heard the parties.

This application is for grant of regular bail in connection with Rosara P.S.case no.253 of 2017 dated 18.10.2017 for the offences under Section 376 of the Indian Penal Code and Section 4 of the POSCO Act.

Allegation against the petitioner is of committing rape of the daughter of the informant.

Submission of the learned counsel for the petitioner is that falsity of the case will appear that the FIR itself shows that the same has not been lodged on that day in spite of informantion to the informant and later on a case had has been lodged and prior of that a case had been lodged by the mother of the petitioner against some persons and at their instance the present case has

Patna High Court Cr.Misc. No.52300 of 2018 (2) dt.05-10-2018 2/2 been lodged. It is further submitted that she is a professional girl . Heard learned A.P.P. also, who has opposed the prayer for bail stating that the allegation of rape is against the petitioner of committing rape of a minor daughter aged about five years.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner, as such the prayer for bail of the petitioner is rejected.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T