Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11416 of 2021 Arising Out of PS. Case No.-24 Year-2019 Thana- MAHILA PS District- Gaya ====================================================== SANTOSH KUMAR Son of Sudarshan Paswan Resident of VillageMishrichak, P.S.- Gurua, Distt- Gaya. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Gita Devi D/o Munni Paswan Resident of Village- Mishrichak, P.S.- Gurua, Distt- Gaya.

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

For the Petitioner/s :

Mr.Sharda Nand Mishra, For the Opposite Party/s :

Mr. Mrityunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-09-2023 Heard the learned counsel for the petitioner as well as learned APP for the State.

2. Learned counsel for the petitioner has challenged the order dated 09.09.2020, passed by the Special Judge (POCSO Act), Gaya, whereby his petition under Section 227 of the Cr.P.C for discharge was rejected.

3. Learned counsel has further submitted that as per medical report, the victim was above 19 years, as such, the provisions of Sections 4 and 6 of the POCSO Act are not attracted against the petitioner.

4. The discharge petition was rejected by the learned court below on 09.09.2020 and uptill now the charges might

Patna High Court CR. MISC. No.11416 of 2021(2) dt.13-09-2023 2/2 have been framed.

5. Sub-section (2) of Section 34 of the POCSO Act enshrines duty on the trial judge to determine the age of the victim. After exercising his jurisdiction under Sub-section (2) of Section 34 of the POCSO Act, if the learned trial judge is of the opinion that the victim was above 18, he may pass order accordingly.

6. With these observation this criminal miscellaneous petition is disposed of.

(Nawneet Kumar Pandey, J) SONALI/SudhaU T