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Patna High CourtCR. MISC./49590/2015disposed

Ritesh Kumar @ Rehan v. The State Of Bihar

2015-11-05Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49590 of 2015 Arising Out of PS.Case No. -511 Year- 2015 Thana -PHULWARI District- PATNA ======================================================

1. Ritesh Kumar @ Rehan Son of Vakil Rai Resident of Rastriya Ganj Po - P.s Phulwari Sharif District patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pranav Kumar For the Opposite Party/s : Mr. Zainul Abedin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-11-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 341,323 and 354 of the Indian Penal Code and sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. It is alleged that the informant was being teased by the petitioner since six months prior to the lodging of the case and on 22.7.2015 when the informant went to attend the computer classes, the petitioner tried to outrage her modesty and inflicted cut injury with blade.

It is submitted by the learned counsel for the petitioner that there is nothing on record to suggest that the

Patna High Court Cr.Misc. No.49590 of 2015 (2) dt.05-11-2015 2/2 informant is minor rather the informant used to write love letters to the petitioner but when the petitioner refused to marry then maliciously accusation has been levelled, hence no offence under the Protection of Children from Sexual Offences Act, 2012 is made out. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. The aforesaid facts 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 Phulwarisharif P.S. Case No. 511 of 2015 pending in the court of learned JM Ist Class, Patna. This application is disposed of with the aforesaid observation/direction.

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