Manjesh Patwari @ Manjesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70207 of 2018 Arising Out of PS. Case No.-28 Year-2018 Thana- MAHILA P.S District- West Champaran ====================================================== Manjesh Patwari @ Manjesh Kumar, Son of Deep Narayan Patwari, Resident of Village- Binwalia, P.S.- Laukaria, District- West Champaran, Bihar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arjun Prasad For the Opposite Party/s :

Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-12-2018 Heard the parties.

The petitioner seeks regular bail in connection with Ram Nagar Mahila P.S.Case no.28 of 2018 registered for offences punishable under Sections 376(D) of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

Allegation against the petitioner is that he along with the others committed rape upon the minor daughter of the informant.

Submission of the learned counsel for the petitioner is that no such occurrence has taken place and the present case has been filed in order to extortion from the petitioner and further there is delay in lodging the FIR.

Patna High Court Cr.Misc. No.70207 of 2018(2) dt.07-12-2018 2/2 Heard learned A.P.P. also, who has opposed the prayer for bail of the petitioner stating that the girl in her statement recorded under Section 164 of the Cr.P.C. has stated about commission of rape by the petitioner and others and she is minor.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T