Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45991 of 2019 Arising Out of PS. Case No.-214 Year-2019 Thana- BIHTA District- Patna ====================================================== Amit Kumar, son of Awadhesh Kumar Singh, Resident of Village- Bisarpur, P.S.- Naubatpur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhayay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 11-12-2019 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bihta PS Case No.214 of 2019 dated 23.02.2019 instituted under Sections 376 (2)(F) of the Indian Penal Code and 4 of the POCSO Act.
3. Learned counsel for the petitioner submitted that though the allegation appears to be heinous, but the same is not correct as the petitioner being a teacher could not have committed such a crime. It was further submitted that with so many other students around, the allegation of a six years old girl having been isolated in a room does not appear to be believable. It was further submitted that the petitioner is in
Patna High Court CR. MISC. No.45991 of 2019 dt.11-12-2019 2/2 custody since 23.02.2019
4. Earlier, the Court had called for the medical report and statement of the victim recorded under Section 164 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code').
5. Learned APP, assisting the Court on the basis of the statement under Section 164 of the Code and the medical report, submitted that the allegations stand fully corroborated.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on bail.
7. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U T