Lallu Kumar @ Lalu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34534 of 2020 Arising Out of PS. Case No.-63 Year-2020 Thana- MAHILA P.S. District- Nalanda ====================================================== Lallu Kumar @ Lalu Kumar, aged about 21 years, male, Son of Sanjay Prasad @ Banda, Resident of Village- Ghaspur, P.S.- Manpur, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jai Prakash Singh, Adv.
For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-03-2021 Heard Mr. Jai Prakash Singh, learned Advocate for the petitioner and the learned APP for the State. The petitioner seeks bail in connection with Mahila P.S. Case No. 63 of 2020, dated 15.06.2020, instituted for the offences under Sections 376, 511, 354(A), 354(B) and 506/34 of the Indian Penal Code, Sections 8 and 12 of the Prevention of Children from Sexual Offences Act, 2012 and Section 67(C) of the
Patna High Court CR. MISC. No.34534 of 2020(3) dt.05-03-2021 2/3 Information Technology Act, 2000.
The petitioner and another are said to have attempted to outrage the modesty of the victim and also of shooting pictures of her.
Learned counsel for the petitioner has submitted that only because of a dispute with the uncle of the prosecutrix, this case has been lodged.
The petitioner is in custody since 16.06.2020. In this case, charges have already been framed but no witness has been examined as yet.
Apart from this, learned counsel for the petitioner has submitted that the age of the victim has been assessed to be more than 18 years, therefore, the provisions contained in Sections 8 and 12 of the Prevention of Children from Sexual Offences Act, 2012 would not apply. However, regard being had to the nature of accusation against the petitioner, I am not inclined to grant bail to him for the present.
The prayer for grant of bail of the petitioner is, accordingly, rejected.
Patna High Court CR. MISC. No.34534 of 2020(3) dt.05-03-2021 3/3 However, the Trial Court is directed to expedite and conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order.
The application stands disposed off accordingly. (Ashutosh Kumar, J) Praveen-II/- U T