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Patna High CourtCR. MISC./19063/2017dismissed

Santosh Kumar @ Bhola Mehta v. The State Of Bihar

2017-05-15Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19063 of 2017 Arising Out of PS.Case No. -442 Year- 2016 Thana -SUPAUL District- SUPAUL ====================================================== Santosh Kumar @ Bhola Mehta, Son of Sukhdev Mehta, Resident of Village-Lalmanpatti, Police Station-Ratanpura, District-Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate. For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, A.p.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Sadar Supaul P.S. Case No. 442 of 2016 instituted for the offence under Section 366A of the Indian Penal Code.

Petitioner is not named in the written report. As per written report, the daughter of the informant had gone to take money of scholarship in her school and did not return. The informant received missed call from the Mobile phone of his daughter four times and when he tried to connect her then he only heard the sound of weeping of his daughter. Thereafter, the Mobile phone was switched off.

After recovery, the victim girl has given her statement under Section 164 Cr. P.C. wherein she has stated that the

Patna High Court Cr.Misc. No.19063 of 2017 (3) dt.15-05-2017 2/2 petitioner along with three other persons committed rape with her after confining in a room.

The age of the victim girl has been assessed by the doctor to be 17-18 years.

In such circumstances, seeing the direct allegation against this petitioner, this Court is not inclined to grant bail to the petitioner at this stage.

Prayer for bail of the petitioner stands rejected. The trial court is directed to expedite the trial. (Sanjay Priya, J) S.Ali/- U T