Budhan Turi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.3586 of 2021 Arising Out of PS. Case No.-598 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== BUDHAN TURI S/O Ramsevak Turi Resident Of Village - Dowat, P. S. - Barachatti, District - Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-04-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of this Court. Heard learned counsel for the petitioner and Mr. Rajendra Singh, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with POCSO Case No. 30 of 2020 arising out of Barachatti P.S. Case No. 598 of 2019 registered for the offences punishable under Section 366 (A)/34, 376 of the Indian Penal Code and Section 4 and 6 of the Prevention of Children from Sexual Offences Act, 2012.

Learned counsel for the petitioner submits that the informant in her written report alleged that the petitioner has taken away her minor daughter for the purpose of marriage. Learned counsel submits that the petitioner is innocent and

Patna High Court CR. MISC. No.3586 of 2021(2) dt.13-04-2021 2/2 has falsely been implicated in the present case. It is submitted that it is a matter of love affair and the victim girl had herself gone with the petitioner. The petitioner is in custody since 29.12.2019 having no criminal antecedent.

Learned APP for the State has opposed the prayer for regular bail of the petitioner. Learned counsel submits that the victim girl in her statement under Section 164 Cr.P.C. has stated that she was kidnapped by the petitioner and he established physical relationship with her forcefully.

Having gone through the materials placed before this Court, looking into the gravity of the offence alleged against the petitioner of forcibly taking away the minor girl, keeping her for 1012 days with him and established physical relationship with her for all these periods, this Court is not inclined to grant regular bail to the petitioner. The prayer for regular bail of the petitioner is, thus, refused.

Let the trial be expedited.

The application stands disposed of.

(Rajeev Ranjan Prasad, J) avin/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.