Dashrath Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28418 of 2024 Arising Out of PS. Case No.-272 Year-2023 Thana- JOGBANI District- Araria ====================================================== Dashrath Sharma Son Of Shivanand Sharma @ Shivnandan Sharma @ Shivan Sharma Resident Of Village- Bathanaha Bhatiyahi, Ward No. 27, PopBathnaha, Ps- Jogbani (BATHNAHA Op), Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Jha, Advocate For the State :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jogbani (Bathnaha) P.S. Case No. 272 of 2023 registered for the offence punishable under Sections 376/34 of the Indian Penal Code and Section 4 of the POCSO Act.

3. The petitioner is accused of committing rape with a minor girl.

4. Learned counsel for the petitioner has vehemently argued the case and has submitted that the petitioner has not committed rape but in fact it is a case of consensual sex. Even if the argument of the petitioner is accepted, he is 40 years old and he had sex with a 13 year old girl and her consent is immaterial.

Patna High Court CR. MISC. No.28418 of 2024(2) dt.24-04-2024 2/2

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the nature of allegation, I am not inclined to grant bail to the petitioner.

7. Accordingly, this application stands dismissed.

8. The Court below is directed to expedite the trial. (Sandeep Kumar, J) P. Kumar U T