← Library
Patna High CourtCR. MISC./40601/2022dismissed

Mahendra Singh @ Mahendra Prasad Singh v. The State Of Bihar

2022-10-18Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40601 of 2022 Arising Out of PS. Case No.-25 Year-2018 Thana- TARABARI District- Araria ====================================================== Mahendra Singh @ Mahendra Prasad Singh, Son of Late Ram Lakhan Singh Resident of Village - dubba Tola, Pategana, P.s.- Tarabari, Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-10-2022 Heard learned counsel for the petitioner and the learned APP for the State.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Tarabari P.S. Case No.25 of 2018 instituted under Sections 354(B), 504, 506/34 of the Indian Penal Code and 8, 10 of the POCSO Act.

As per the prosecution story, three years old child went to the petitioner's shop to buy a chocolate but he took her inside and injured her by cutting teeth in her chest and upon hearing her cry, when the informant reached the place of

Patna High Court CR. MISC. No.40601 of 2022(2) dt.18-10-2022 2/2 occurrence, it is alleged that the petitioner ran away. The learned counsel for the petitioner straightaway made a request to call for the case diary in the matter. The case was registered in the year 2018, to be precise on 13.03.2018 and the petitioner chose to walk into judicial custody only on 04.04.2022.

Considering the grave allegation that has come against him was trying to sexually assault the three years old child and the attitude of the petitioner in evading the arrest for four longs years, this Court is not inclined to grant him any relief and the same is accordingly dismissed. (Rajiv Roy, J) Prakash Narayan /- U T