Patna High CourtCR. MISC./4434/2017dismissed

Rahul Kumar @ Santan v. The State Of Bihar

2017-02-14Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4434 of 2017 Arising Out of PS.Case No. -209 Year- 2016 Thana -MAGADH MEDICAL COLLEGE DistrictGAYA ====================================================== Rahul Kumar @ Santan Son of Sri Laxmi Prasad @ Laxmi Narayan Pd., Resident of Village- Naili, Police Station- Magadh Medical, District- Gaya. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Praveen Kumar, Advocate For the Opposite Party : Mr. Surendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Magadh Medical P.S. Case No. 209 of 2016 instituted for the offence under Section 376 of Indian Penal Code and Section 12 of POCSO Act. It is alleged against this petitioner that he committed illegal act with her minor daughter Anjali Kumari. The victim gave her statement recorded under Section 164 of Cr.P.C. wherein she stated her age 11 years. The court has assessed her age 12 years. The statement also supported her case. She has levelled specific allegation against this petitioner of committing illegal act with her. The victim girl has also supported the case in her statement before police under Section 161 Cr.P.C. and levelled

Patna High Court Cr.Misc. No.4434 of 2017 (2) dt.14-02-2017 2/2 specific allegation against this petitioner. The doctor has assessed the age of the victim girl between 16 to 17 years. Since there is specific allegation against this petitioner, this court is not inclined to grant petitioner anticipatory bail.

Accordingly, this anticipatory bail petition is hereby rejected.

The petitioner is directed to surrender before the court below within four weeks from today and seek regular bail which shall be disposed of in accordance with law without being prejudiced by this order.

(Sanjay Priya, J.) ravi/- U T