Deochandra Sada @ Devtan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64860 of 2018 Arising Out of PS.Case No. -30 Year- 2018 Thana -MAHILA P.S District- SUPAUL ======================================================

1. Deochandra Sada @ Devtan Kumar S/o Somi Sada Resident of VillageBamatara, Ward No. 2, P.S. Balu Bazar, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr.S.S.Kishore For the Opposite Party/s : Mr. A.Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-11-2018 Heard the parties.

Petitioner seeks bail in Supaul Mahila P.S. Case No. 30/18 registered for the offence under Sections 376(D), 341, 323 of I.P.C. and Sections 4/6 of POCSO Act.

Allegation against the petitioner is of committing gang rape upon the daughter of the informant by the petitioner along with others. The victim girl is said to be minor. Submission on behalf of the learned counsel for the petitioner is that the medical report does not support the case of rape. Moreover, he is in custody since 19.03.2018. Heard the learned A.P.P. also who opposed the prayer for bail stating that impugned order shows that the victim in her statement recorded under Section 164 Cr.P.C. has supported the

Patna High Court Cr.Misc. No.64860 of 2018 (2) dt.02-11-2018 2/2 prosecution case disclosing the she was raped by the petitioner though as per the Doctor's report no spermatozoa has been found either living or dead. .

Having heard both sides and in view of the facts and circumstances of the case, stated above, I am not inclined to grant bail to the petitioner. The prayer for bail is rejected. This application is, accordingly dismissed.

(Vinod Kumar Sinha, J) AnilKrSinha/- U