Patna High CourtCR. MISC./47109/2019rejected

Niranjan Singh v. The State Of Bihar

2019-09-25Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47109 of 2019 Arising Out of PS. Case No.-738 Year-2018 Thana- LAKHISARAI District- Lakhisarai ====================================================== Niranjan Singh Son of Naresh Singh Resident of Village- Saidpura, P.S.- Surajgarha, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 17.11.2018 has filed the instant application for grant of bail in connection with Lakhisarai P.S. Case No. 738 of 2018 (District Lakhisarai) registered for the offence punishable under section 366A of the Indian Penal Code and section 4 of the POCSO ACT. As per the allegation in the FIR, the 13 years old grand daughter of the informant is said to have been taken away by the 41 years old petitioner. Subsequently, in her statement under section 164 Cr.P.C, the victim girl is said to have stated about the commission of rape by the petitioner on her. It is submitted by learned counsel for the petitioner that the allegations as leveled in the FIR are false and

Patna High Court CR. MISC. No.47109 of 2019(3) dt.25-09-2019 2/2 concocted, the girl had gone with the petitioner voluntarily and that there is unexplained delay of about 29 days in lodging of the FIR.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegations especially the statement of the victim under section 164 Cr.P.C, the Court is not inclined to enlarge the petitioner on bail. As such his application for bail is rejected. However, the court below is directed to expedite the trial.

(Partha Sarthy, J) Prakash/- U