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Patna High CourtCR. MISC./11432/2017rejected

Dharmendra Kumar Vidrohi v. The State Of Bihar

2017-03-17Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11432 of 2017 Arising Out of PS.Case No. -423 Year- 2016 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dharmendra Kumar Vidrohi, S/o Ramashish Singh, Resident of Virta Tola Ghodasahan, P.S.- Godasahan, District- East Champaran presently posted as Teacher, Govt. Middle School Lain, East Champaran, Motihari. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Uma Shankar Sharma For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 17-03-2017 Heard learned counsel for the petitioner and learned APP appearing on behalf of the State.

Petitioner, already in custody, seeks bail in connection with Ghorasahan P.S. Case No.423 of 2016, registered under Section 376 of the Indian Penal Code and Section 6 of the POCSO Act.

Allegation in brief is that the petitioner, who was tutor of the prosecutrix, used to sexually exploit her, committed rape and when she became pregnant of 4-5 months then she disclosed it to her mother.

Learned counsel appearing on behalf of the petitioner submits that the petitioner had lodged a complaint case against the father and mother of the prosecutrix on 26.10.2016 and

Patna High Court Cr.Misc. No.11432 of 2017 (3) dt.17-03-2017 2 / 2 thereafter this First Information Report was lodged with a motive that petitioner could not ask for the money given as a help to the prosecutrix's parents to construct their house. Moreover, the pregnancy is of 25 weeks and her age after medical examination is ascertained in between 151⁄2 - 161⁄2 years.

Having considered the allegation against the petitioner of rape to a minor girl and she is carrying pregnancy of 25 weeks and the complaint appears to be lodged on the same day, the prayer for bail on behalf of the petitioner is rejected in connection with Ghorasahan P.S. Case No.423 of 2016, pending in the court of the learned Chief Judicial Magistrate, East Champaran, Motihari.

(Arun Kumar, J.) S.Kumar/- U T