Gaurav Kumar @ Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23311 of 2018 Arising Out of PS.Case No. -34 Year- 2017 Thana -SAKSOHRA District- PATNA ====================================================== Gaurav Kumar @ Bittu Kumar, Son of Sri Dharmendra Kumar, Resident of Village-N.H.-31 Kabirmath, Kazidhak, Police Station-Barh, District-Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-04-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Spl. POCSO No. 155/2017, arising out of Saksohra P.S.Case No. 34 of 2017 registered for the offences punishable under Sections 376, 307 of the Indian Penal Code and Section 6 of POCSO Act, 2012. Allegation against the petitioner is of committing rape upon the daughter of informant, who happens to be minor. Submission of learned counsel for the petitioner is that the victim girl was major which will appear from the Aadhar Card and I.Card (Annexures-3 and 2). Further submission is that neither the statement of the victim girl was recorded under section 164 Cr.P.C nor she was examine by medical board and false and concocted case has been lodged with a view to create pressure for

Patna High Court Cr.Misc. No.23311 of 2018 (2) dt.19-04-2018 2/2 marriage of the petitioner with a victim girl. Heard learned APP also, who has opposed the prayer for anticipatory bail of the petitioner stating that there is allegation under section 376 I.P.C. as well as under the POCSO Act. Having heard both sides and in the facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner, rather petitioner should surrender and make prayer for regular bail, which shall be considered on the basis of the above submission as well as the materials available on record. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U