Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61958 of 2018 Arising Out of PS. Case No.-87 Year-2018 Thana- NADI P.S. District- Patna ====================================================== Kundan Kumar, Son of Kedar Sahni, Resident of Mohalla-Sammaspur, P.S.- Nadi, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad For the Opposite Party/s :

Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2018 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Section 376/34 of the IPC and Section 4/6 of POCSO Act.

The prosecution case as per the written report of Rupa Kumari submitted to the S.H.O., Nadi Police Station is to the effect that on 02.06.2018 at about 07.00 P.M., the informant was talking with her sister on mobile phone and her mobile phone got discharged. In the meantime, the petitioner, who is neighbour of the informant asked the informant to get her mobile phone charged by putting it on charging in his own house. Thereafter, when the informant went the petitioner's house to get her mobile phone back then the petitioner ravished the informant.

Patna High Court Cr.Misc. No.61958 of 2018(2) dt.11-12-2018 2/2 It is submitted by the learned counsel for the petitioner that from the narration of the informant in the FIR suggests that there is a consent between the parties.

Considering the nature of accusation particularly by a minor girl, this Court is not inclined to entertain the prayer for anticipatory bail of the petitioner.

Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned Court below within a period of six weeks, in connection with Spl. (POCSO) Case No. 103 of 2018 arising out of Nadi P.S. Case No. 87 of 2018, pending in the Court of learned Additional District and Session Judge, 1st-cum-Spl. Judge POCSO, Patna.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T