Patna High CourtCR. MISC./17601/2018rejected

Manish Kumar Bauva @ Abinash Kumar @ Bauva @ Bauya @Manish v. The State Of Bihar

2018-03-27Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17601 of 2018 Arising Out of PS.Case No. -850 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Manish Kumar Bauva @ Abinash Kumar @ Bauva @ Bouya @Manish, son of Chandra Kishore Prasad Singh, resident of village- Nagrah, P.S.- Naugachia, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghvendra Kumar Singh For the Opposite Party/s : Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 27-03-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody since 30.11.2017 seeks bail in connection with Kotwali (Jogsar) P.S.Case No. 850 of 2017 registered under Sections 363, 365 and 376D of the Indian penal Code and Sections 4 and 6 of POCSO Act.

Allegation in brief is that petitioner kidnapped the prosecutrix while returning back from coaching institute and having kept in confinement raped her and also by one Sunny, cousin of the petitioner.

Submission is that there was love affair in between the petitioner and the prosecutrix and in the FIR she also stated that she used to give examination during confinement and is a major girl and another co-accused, brother-in-law of the petitioner, has

Patna High Court Cr.Misc. No.17601 of 2018 (2) dt.27-03-2018 2/2 been granted bail by this Court vide order dated 19.02.2018 in Cr.Misc. No. 9615 of 2018, but there is no allegation of rape against him.

Whereas learned counsel for the State submits that there is specific allegation against the petitioner.

Having considered the aforesaid facts and circumstances and specific accusation against the petitioner, the prayer of bail is rejected. Trial court is directed to expedite the trial. (Arun Kumar, J) Sujit/- U T