Rahul Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20873 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- DHARHARA District- Munger ====================================================== Rahul Kumar Choudhary Son of Kailash Choudhary @ Bhaso Choudhary Resident of Village - Itawa, P.S.- Dharhara, Distt.- Munger. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhu Prasun, Adv For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341,323,376,506,34 of the Indian Penal Code and Sections 8,10,12 of the POCSO Act. Allegation against the petitioner is that he was in physical relation with the complainant by falsely pretending that he would marry with the complainant.

Submission is that complainant who is agnate, is already a married lady and she had in fact trapped the petitioner. Petitioner is in custody since 14.02.2019. Investigation of the case is already complete. The victim has supported the aforesaid allegation in her statement under Section 164 Cr.P.C.

Considering the fact that consent of the victim

Patna High Court CR. MISC. No.20873 of 2019(5) dt.11-06-2019 2/2 was obtained by fraud, the consent was no consent, hence, I am not inclined to enlarge the petitioner on bail in connection with Dharhara P.S.Case No.12 of 2019 pending in the court of learned Special Judge (POCSO Act)-cum-A.D.J.-I, Munger. Prayer is refused.

Learned Trial Court is directed to expedite the trial.

(Birendra Kumar, J) Nitesh/- U T