Arvind Kumar Gupta @ Bullet v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18100 of 2020 Arising Out of PS. Case No.-11 Year-2020 Thana- MAHILA P.S. District- Siwan ====================================================== ARVIND KUMAR GUPTA @ BULLET, Son of Late Barister Gupta @ Balistar Sah, Resident of Village-Narayanpur, P.S.-Nautan, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar, Adv.

For the Opposite Party/s :

Mr.Umeshanand Pandit (APP) The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.

CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-09-2020 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 376AB of the Indian Penal Code and Section 4, 6, 8 of POCSO Act. Allegation against the petitioner is to have committed rape upon 6 years minor niece of the informant in the mustard field.

Statement of the victim girl has been recorded under section 164 of Cr.P.C. wherein she has stated that petitioner has committed rape with her on the occasion of Sarsawati Puja. The age of the victim girl has been found to be

Patna High Court CR. MISC. No.18100 of 2020(3) dt.10-09-2020 2/2 6-7 years and the Medical Board also found the evidence of sexual assault upon her.

Considering the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is rejected.

(S. Kumar, J) Rajiv/- U T