Mithilesh Prasad Kushwaha @ Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33179 of 2015 Arising Out of PS.Case No. -28 Year- 2015 Thana -BALTHAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Mithilesh Prasad Kushwaha @ Mithilesh Kumar Son of Late Shyam Narayan Mahto resident of village - Station Chowk, Chanpatia, Ward No. 11, P.S. Chanpatia, District - West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Meena Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-08-2015 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel appearing for the informant.

The victim was minor at the time of alleged occurrence and in her statement, recorded u/S 164 of the Cr. P.C., she, specifically, stated that she was physically assaulted by the petitioner, who happens to be her brother-in-law. Considering the aforesaid facts and circumstances as well as submission of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Balthar P.S. Case No. 28 of 2015 pending in the court of Sri Jitesh Kumar, J.M. Ist Class, Bettiah, West Champaran stands rejected.

(Hemant Kumar Srivastava, J) A.K.V./- U T