Chhotu Kumar @ Chotu Kumar @ Rajesh Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22088 of 2023 Arising Out of PS. Case No.-30 Year-2021 Thana- MAHILA P.S. District- Lakhisarai ====================================================== CHHOTU KUMAR @ CHOTU KUMAR @ RAJESH RANJAN Son of Suresh Yadav Resident of village-Lakhochak, P.S.-Kiul, District-Lakhisarai ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-10-2023 The petitioner's application for discharge under Section 227 of the CrPC has been dismissed by learned Additional Sessions Judge VI-cum-Special Judge POCSO Court, Lakhisarai, by an order dated 01.02.2023 passed in Mahila P.S. Case No. 30/21 arising out of POCSO Case No. 06/2022, which is under challenge in the present application filed under Section 482 of the CrPC.

2. From the impugned order it transpires that the petitioner took plea of delay in registration of FIR and failure on the part of the prosecution to properly determine the age of the victim. The case pertains to commission of offence punishable under the provisions of POCSO Act.

3. I have heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the

Patna High Court CR. MISC. No.22088 of 2023(2) dt.17-10-2023 2/2 State.

4. On perusal of the impugned order, I find that the same is well considered order. The grounds taken on behalf of the petitioner for discharge under Section 227 of the CrPC were not at all tenable which have been rightly turned down by the court below by impugned order.

5. I do not find any merit in this application, which is accordingly rejected.

(Chakradhari Sharan Singh, J) Pawan/- U T