Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53719 of 2019 Arising Out of PS. Case No.-199 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== Jitendra Kumar Son of Ganesh Sah Resident of Village - Sarisawa Bazar, P.S.- Majhaulia, Dist.- West Champaran ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjeev Kumar, Advocate For the Opposite Party :

Mr.Kr Veerendra Narayan, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

The petitioner is in custody since 16.4.2019 in a case registered for offence under sections 364A/34 of the Indian Penal Code and section 8 of the POCSO Act.

The 15 years old victim, in her section 164 Cr.P.C. statement, has alleged that the petitioner and other co-accused persons forcibly pulled her in Marshal Jeep when she was returning from the school and took her to Chennai while petitioner committed sexual assault on her in Chennai. Learned counsel for the petitioner submits that case has been lodged after delay of 3 1⁄2 months implicating the petitioner on suspicion due to old enmity.

In view of the nature of allegation, prayer for bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) Shashi U T