Santosh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.57096 of 2017 (3) dt.16-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57096 of 2017 Arising Out of PS.Case No. -71 Year- 2017 Thana -CHANAN District- LAKHISARAI ====================================================== Santosh Kumar Son of Banarsi Tanti Resident of Village- Lakhochak, P.S. Chanan, District- Lakhisarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Narsingh Tanti For the Opposite Party : Mr. P.Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 16-01-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Chanan PS Case No. 71 of 2017 registered under Section 376A, 376(G)/34, 307 of the IPC and Section 8 of the POCSO Act .

The allegation in brief is that while the prosecutrix went in the mid-night to attend the call of nature was kidnapped by six accused persons, gang raped and later on taken away on goods train and at the Kiul station they threw her down on the track. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case, in fact she had eloped with her lover, another co-accused and fell down on the railway track from running train so sustained injury on her private part. Learned Counsel for the State submits that the prosecutrix has been gang raped. The injury report of her private parts clearly indicates that she was gang raped and other injuries were also sustained by the victim.

Considering the nature of the allegation the prayer for bail of the petitioner is rejected.

Snkumar/- (Arun Kumar, J.) U T