Doctor K.K. Sethi @Dr. Kanhaiya Kumar Sethi @Kanhaiya Kumar @Kanhaiya Kumar Mandal v. The State Of Bihar
Patna High Court Cr.Misc. No.9210 of 2017 (2) dt.01-03-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9210 of 2017 Arising Out of PS.Case No. -288 Year- 2016 Thana -JHAJHA District- JAMUI ====================================================== DOCTOR K.K. SETHI @DR. KANHAIYA KUMAR SETHI @KANHAIYA KUMAR @KANHAIYA KUMAR MANDAL, Son of Chandrika Mandal, Resident of village - Chitochak, P.S. Jhajha, District - Jamui .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. L. K. Sharma For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-03-2017 Heard learned counsel for the petitioner and the State The petitioner apprehends his arrest in Jhajha P.S. Case No. 288 of 2016 instituted for the offence under sections 376, 323 and 506 of the Indian Penal Code and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012. It is alleged in the written report that informant had gone in the clinic of the petitioner for treatment and this petitioner committed rape with her in his clinic. In the statement of victim girl recorded under section 164 Cr.P.C, she has levelled specific allegation against this petitioner of committing rape with her in his clinic.
Patna High Court Cr.Misc. No.9210 of 2017 (2) dt.01-03-2017 Learned counsel for the petitioner has submitted that there are some discrepancies in the F.I.R. and the statement of victim recorded under 164 Cr.P.C.
It is further submitted that neither any spermatozoa nor any mark of violence over her body was found in the medical report.
This court feels that these submissions are good ground for grant of regular bail. The prayer for anticipatory bail of the petitioner is rejected.
The petitioner is directed to surrender before the court below and pray for regular bail.
(Sanjay Priya, J) Ravi/- U T