Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36581 of 2015 Arising Out of PS.Case No. -65 Year- 2014 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Chandan Singh Son of Subodh Singh resident of village - Laxmipur Garh, Police Station - Muffasil, District - Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Ranjan For the Opposite Party/s : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 376,328,342,323 and 504/34 of the Indian Penal Code. The accusation against the petitioner is that he ravished the victim.

It is submitted by the learned counsel for the petitioner that the victim got her aged recorded as 17 years in 164 Cr.P.C. statement when the court assessed her age as 18 years where she has not supported the accusation of rape rather she has only suggested that the petitioner proposed to marry and kept confined for some time.

Patna High Court Cr.Misc. No.36581 of 2015 (2) dt.10-09-2015 2/2 In view of 164 Cr.P.C. statement of the victim, prima facie, the case under section 376 IPC is not made out which may constitute ground for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Mufassil (Munger) P.S. Case No. 65 of 2014 pending in the court of learned CJM, Munger.

This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T