Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54303 of 2018 Arising Out of PS. Case No.-91 Year-2018 Thana- GURUA District- Gaya ====================================================== Pankaj Kumar, Son of Krit Yadav @ Ram Krit Yadav, Resident of VillageBaiju Bigha, P.S.- Gurua, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Singh For the Opposite Party/s :

Mr. Sri Ahtash Ali Khan CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-10-2018 Heard learned counsel for petitioner, learned counsel for the informant as well as and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Gurua P.S. Case No. 91 of 2018 and POCSO Case No. 48 of 2018 registered for the offences punishable under Section 376 of the Indian Penal Code and Section 6 of Protection of Children from Sexual Offence Act, 2012. Informant is mother of victim 5 years old girl and allegation against petitioner is of inserting his finger in private part of victim girl. The allegation is supported by statement of victim girl U/s. 164 of Cr.P.C. as well as

Patna High Court Cr.Misc. No.54303 of 2018(4) dt.31-10-2018 2/2 medical examination report of victim girl.

It has been submitted on behalf of the petitioner that he is innocent and present case has been filed as informant and her daughter were found committing theft of vegetables. F.I.R. was lodged after 2 days. Petitioner is a student and has no criminal antecedent.

Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected. However, the petitioner may renew his prayer of bail after completing one year in custody.

(S. Kumar, J) Rajiv/Manoj U T