Sunny @ Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51126 of 2018 Arising Out of PS. Case No.-23 Year-2018 Thana- KHAJEKALA District- Patna ====================================================== Sunny @ Sunny Kumar S/o Shiv Mahto @ Bantha, R/o Mohalla- Mangal Talab, Machharhatta, Noniya Tola, P.S.- Khajekalan, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kishor For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-10-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Khajekalan P. S. Case No. 23 of 2018, in Special Case no. 22 of 2018 instituted for the offence under Section(s) 376, 341, 504 and 506/34 of the Indian Penal Code and Section 4 of POCSO Act. In the written report there is specific allegation against this petitioner that he committed illegal act with the minor daughter of the informant aged about 14 years. The victim girl has given her statement U/s 164 Cr.P.C. which is available in the case diary wherein she has supported the case of committing illegal act by this petitioner with her when she got awake to go for call of nature.

Patna High Court Cr.Misc. No.51126 of 2018(3) dt.12-10-2018 2/2 The medical report of the victim girl has been annexed as Annexure-2 wherein the doctor has assessed the age of the victim girl below 14 years.

In such circumstances, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected. He is given liberty to renew prayer for bail after six months if no substantial progress is made in the case.

(Sanjay Priya, J) shyambihari/- U