Bhushan Kumar @ Chandra Bhushan Kumar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45015 of 2015 Arising Out of PS.Case No. -34 Year- 2015 Thana -MAHILA PS District- GOPALGANJ ======================================================

1. Bhushan Kumar @ Chandra Bhushan Kumar Kushwaha Son of Sushil Kumar Singh @ Sushil Kumar, Resident of village- Repura, P.S.- Hathuwa, District- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shakti Suman Kumar For the Opposite Party/s : Mr. Raj Kishor Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-02-2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Gopalganj (Mahila) P. S. Case No. 34/2015 registered for offences punishable under Sections 376 (2) of the Indian Penal Code and 3/4/8 of Protection of Children from Sexual Offences Act,2012. The prosecution case as per the written report of the informant Nirmala Devi is that on 20.06.2015 at 4.00 P.M. her daughter Babi Kumari, aged about five years was playing with the children towards western side of the village at the pond, she had been subjected to rape committed by the petitioner. Since , the age of the petitioner as stated in the F.I.R. is

Patna High Court Cr.Misc. No.45015 of 2015 (3) dt.23-02-2016 2/2 15 years, which has not been ascertained by any medical report, let the age of the petitioner be decided by the Juvenile Justice Board and thereafter steps if any, be taken by the Juvenile Justice Board, Gopalganj.

This application is accordingly, disposed of. (Nilu Agrawal, J) Sudha/- U T