Patna High CourtCR. MISC./44698/2018disposal with observation

Akhlesh Kumar Yadav @ Aklesh Kumar v. The State Of Bihar

2018-09-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44698 of 2018 Arising Out of PS.Case No. -53 Year- 2018 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Akhlesh Kumar Yadav @ Aklesh Kumar, Son of Pramod Yadav, Resident of Village Khaira Chanda, Ward No. 4, P.S. Narpatganj, DistrictAraria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Smt. Sucheta Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Special (POCSO) Act Case No. 4 of 2018 arising out of Narpatganj P.S. Case No. 53 of 2018, registered for offences punishable under Section 376 of the Indian Penal Code. Allegation against the petitioner is of committing rape upon the informant.

Submission of the learned counsel; for the petitioner is that the petitioner has falsely been implicated in this case and the informant cum victim girl has been medically examined but the doctor has not found any sign of rape or sexual assault on her

Patna High Court Cr.Misc. No.44698 of 2018 (3) dt.05-09-2018 2/2 body and no case under Section POCSO Act is made out in this case. It is further submitted that the petitioner is in custody 21.05.2018.

Heard learned A.P.P. also, who opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of bail to the petitioner at this stage. However, once charge has been framed, the petitioner shall be released on bail to the satisfaction of trial Court.

With the aforesaid observation, the instant petition is disposed of.

(Vinod Kumar Sinha, J) Sudha/- U T