Deo Narayan Sharma, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27562 of 2019 Arising Out of PS. Case No.-51 Year-2018 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== Deo Narayan Sharma, S/O Late Bochi Sharma, Resident of Village Rewa Bangla (Rewa Basanpur), P.S. Saraiya District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Nitu Kumari For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-08-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Muzaffarpur Mahila P. S. Case No. 51 of 2018 dated 22.09.2018 (Sessions Trial No. 38 of 2019) instituted for the offences under Section 376 of the Indian Penal Code. The petitioner, who stands in some relation to the victim, is alleged to have taken her to the field of a government building and subjected her to rape. In the statement under Section 164 Cr.P.C. also, the victim girl had supported the allegation. Though the victim has been stated to be 18 years of age by her mother, but in the statement

Patna High Court CR. MISC. No.27562 of 2019(4) dt.17-08-2019 2/2 under Section 164 Cr.P.C., the victim has declared her age to be 15 years and similar is the assessment of the Magistrate who recorded the statement of victim girl. The petitioner is in custody since 06.10.2018. Regard being had to the nature of accusation, I am not inclined to grant bail to the petitioner for the present. The prayer is rejected.

(Ashutosh Kumar, J) skm/- U