Patna High CourtCR. MISC./37892/2018dismissed

Brajesh Kumar Singh v. The State Of Bihar

2018-09-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37892 of 2018 Arising Out of PS.Case No. -10 Year- 2018 Thana -MAHILA P.S. District- SARAN ====================================================== Brajesh Kumar Singh S/o Tarkeshwar Singh, R/o Vill.- Bhataura, P.S.- Taraiya, District- Saran.

.... .... Petitioner

Versus

1. The State of Bihar

2. Menka Kumari, daughter of Birendra Singh, resident of village Bhagwatpur, P.S. Taraiya, Dist. Saran .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar Singh For the Opposite Party/s : Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2018 Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Mahila P.S.Case No. 10 of 2018 registered for the offences punishable under Sections 376, 506, 34 of the Indian Penal Code and Sections 3/4 of POCSO Act.

Allegation against the petitioner is of committing rape upon the informant and also taking naked photograph in mobile and putting it in internet.

Submission of learned counsel for the petitioner is that one after another three cases have been lodged against the petitioner and he is on bail in other cases. Further submission is that the victim is major and as such no offence under POCSO Act

Patna High Court Cr.Misc. No.37892 of 2018 (3) dt.12-09-2018 2/2 is made out against the petitioner and she is a consenting party and material has come during investigation that marriage of the petitioner with the informant was solemnized. However, on enquiry he has not given any answer as to whether he wants to keep the informant with him or not.

Heard learned APP and learned counsel for the informant, who has opposed the prayer for bail stating that not only he has committed rape upon her but also he is blackmailing her.

Having heard both sides and in the facts and circumstances, I am not inclined to grant bail to the petitioner. Hence, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U