Lalan Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40918 of 2018 Arising Out of PS. Case No.-101 Year-2017 Thana- MADHWAPUR District- Madhubani ====================================================== Lalan Sada, Son of Pulkit Sada, Resident of Village- Sujatapur, P.S.- Madhawapur, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-12-2018 The petitioner seeks regular bail in connection with Madhwapur P.S. Case No. 101 of 2017, registered for offences punishable under Section 376 of the Indian Penal Code and Sections 4 & 6 of the POCSO Act.

Allegation against the petitioner is of commission of rape upon the minor daughter of the informant. Submission of learned counsel for the petitioner is that in medical examination, the girl was found to be major. Further submission is that there is also a delay of 4 days in lodging the F.I.R. and the petitioner is in judicial custody since 10.04.2018.

Heard learned A.P.P. also, who opposed the prayer for bail of the petitioner stating that the statement of girl recorded under Section 164 Cr.P.C., in which she has supported the case

Patna High Court Cr.Misc. No.40918 of 2018(5) dt.04-12-2018 2/2 and alleging commission of rape against the petitioner. Having heard both sides, in view of the above facts, I am not inclined to grant bail to the petitioner. Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) chn/Amjad/- U T