Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79496 of 2018 Arising Out of PS. Case No.-38 Year-2018 Thana- MAHILA P.S. District- Sitamarhi ====================================================== Bittu Kumar S/o Late Shankar Prasad All R/vill-Riga, P.S-Riga,Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Jha For the Opposite Party/s :

Mr.Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-02-2019 This application, for grant of anticipatory bail, arises out of Sitamarhi Mahila P.S. Case No. 38/18, disclosing offences under Sections 376 and 506 of the Indian Penal Code and Section 4/6 of POCSO Act.

Allegation against the petitioner is of committing rape on the informant, who is minor.

Submission of learned counsel for the petitioner is that he is ready to marry with the informant but the informant is not ready to marry with the petitioner, though, the allegation is that petitioner established sexual relationship with the informant on the pretext of marriage.

Heard learned A.P.P. as well as learned counsel for the informant. They have opposed the prayer for bail and submitted that the informant is minor.

Patna High Court Cr.Misc. No.79496 of 2018(3) dt.04-02-2019 2/2 Having heard both sides, considering the facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner should surrender before the court below and make prayer for regular bail and if the petitioner makes submission that he is ready to marry with the informant and if the informant is also ready to marry with the petitioner, the court below shall disposed of the prayer for bail of the petitioner in accordance with law. This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U T