Surendra Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.51538 of 2017 (2) dt.09-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51538 of 2017 Arising Out of PS.Case No. -219 Year- 2014 Thana -SARAI District- VAISHALI(HAJIPUR) ====================================================== Surendra Rai Son of Late Jamun Rai Resident of Village-Ismailpur, P.S. Bidupur Bazar, District Vaishali .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 01.12.2014 in connection with Sarai P.S. Case No. 219 of 2014 for the alleged offences under Sections 363, 366(A), 378 of the Indian Penal Code and subsequently added Section 4/6 of the POCSO Act.

3. It is submitted that the petitioner has been falsely implicated and there is inordinate delay in institution of the FIR on 01.12.2014 for the alleged occurrence of 21.11.2014 which casts doubt upon the veracity of the accusations.

4. Having regard to the nature of accusations and gravity of the offence alleged as well as the deposition of the victim girl recorded under Section 164 Cr.P.C., in which her age has been assessed to be 14 years and she has raised direct accusation against

Patna High Court Cr.Misc. No.51538 of 2017 (2) dt.09-11-2017 the petitioner of having made her unconscious and taken her to Gauhati where she was kept in a locked room, this Court is not inclined to grant privilege of bail to the petitioner. The bail petition stands dismissed.

(Vikash Jain, J) Chandran/BT U T