Matendra Kumar @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73634 of 2018 Arising Out of PS. Case No.-19 Year-2018 Thana- MAHILA PS District- Aurangabad ====================================================== Matendra Kumar @ Guddu Son of Kaushal Kumar Gupta, Resident of Village- Dadha, P.S. Goh, District Aurangabad, At Present C/o Sudama Saw, Resident of Village- Kanap, P.S. Daudnagar, District Aurangabad, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Prasad Singh For the Opposite Party/s :

Mr.Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 342, 376, 323 IPC and Section 4 of the POCSO Act registered in connection with Mahila (Aurangabad) P.S. Case No. 19/2018.

3. It is submitted that the petitioner has been falsely implicated and in any event the victim is major. The parties are neighbours. There is delay in instituting the FIR on 30.06.2018 for the alleged occurrence of 26.06.2018. The petitioner claims clean antecedents.

4. Having regard to the nature of accusations and gravity of offence alleged as well as the statement of the victim girl recorded under Section 164 Cr.P.C. in which her age has been assessed as 16

Patna High Court CR. MISC. No.73634 of 2018(3) dt.07-03-2019 2/2 years of age and she had made direct accusation against the petitioner, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. Bail petition stands dismissed. (Vikash Jain, J) Chandran/- U T