Jaivendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47744 of 2019 Arising Out of PS. Case No.-479 Year-2018 Thana- PARBATTA District- Khagaria ====================================================== Jaivendra Sah aged about 22 years, Male, Son of Sri Surendra Sah Resident of Village - Nauranga, P.S.- Parbatta, Distt - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Ravi Shankar For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner who is in custody since 01.04.2019 has filed the instant application for grant of bail in connection with Parbatta P.S. Case No. 479 of 2018 (District-Khagaria) registered for the offence punishable under sections 341,323,376 and 34 of the Indian Penal Code and section 6 of the POSCO Act.

As per the allegation in the FIR, on pretext of playing ludo, the friend of the 14 year old complainant is said to have taken to the place where she was raped by this petitioner. It is further alleged that he took indecent photographs of the complainant and blackmailed her, threatening that he would make the photographs viral.

It is submitted by learned counsel for the petitioner that the allegations levelled by the complainant leading to the registration of F.I.R. are false and concocted. There is no

Patna High Court CR. MISC. No.47744 of 2019(3) dt.25-09-2019 2/2 justifiable explanation for the delay in lodging of the case as the occurance took place on 20.5.2018 whereas the complaint was lodged only on 26.10.218 and the F.I.R. was registered on 20.12.2018. It is further submitted that the age of the victim has been estimated by the Medical Board to be between 16-18 years and that the petitioner is in custody since 01.04.2019. It is submitted by learned counsel for the informant that the complainant is a 16 years old minor who was not only raped by this petitioner but the petitioner continued to threaten her of circulating the indecent photographs/pictures that he had taken and as such the delay in lodging of the F.I.R. The application for bail was opposed by learned APP for the State and learned counsel for the informant.

Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner, the age of victim/informant and her supporting the allegations against the petitioner in her statement under Section 164 Cr.P.C, this Court is not inclined to grant bail to the petitioner and as such the petitioner's application for bail is rejected.

(Partha Sarthy, J) Bibhash/- U T