Bitu Singh @ Bitu Kumar Singh @ Bittu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30683 of 2019 Arising Out of PS. Case No.-34 Year-2018 Thana- MAHILA P.S. District- Siwan ====================================================== Bitu Singh @ Bitu Kumar Singh @ Bittu Kumar Singh Son of Shivjee Singh Resident of Village - Mairahi, P.S.- M.H. Nagar (Hasanpura), District- Siwan ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Soni Kumari D/O- Ajay Kumar Singh Adopted Daughter of Darubnath Singh, Resident of Village - Mairahi, P.S.- M.H. Nagar (Hasanpura), District- Siwan ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Dr. Anshuman, Advocate For the State :

Mr.Arun Kumar Singh, Addl Public Prosecutor for the informant : Mr. Nasim Ahmad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner, the State, the informant and perused the case diary.

Petitioner is an accused in a case registered for offence under sections 366A, 376/34 of the Indian Penal Code and sections 6/8 of the POCSO Act on the allegation that he along with other accused persons came to the house of opposite party no.2, forcibly took her away by putting handkerchief on her face and kept her at different places for months. It is further alleged that the petitioner established physical relation with opposite party no.2 keeping her in the fear of making viral the intimate photographs taken by him secretly.

Learned counsel for the petitioner submits that on account of land dispute between the parties, the petitioner has

Patna High Court CR. MISC. No.30683 of 2019(5) dt.18-09-2019 2/2 been implicated in a false case. He further submits that the victim was kept at several places in hotels and had to travel by bus, train etc. but she never raised alarm to rescue her which creates suspicion. Petitioner is in custody since 15.10.2018. Learned counsel for the informant vehemently opposes the prayer for bail and submits that the girl is merely 16 years old and has made serious allegation against the petitioner in her section 164 Cr.P.C. statement.

In view of the nature of allegation against the petitioner, his prayer for bail is rejected.

(Prabhat Kumar Singh, J) Shashi U T