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Patna High CourtCR. MISC./3957/2017rejected

Balbir Singh v. The State Of Bihar

2017-02-27Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3957 of 2017 Arising Out of PS.Case No. -32 Year- 2016 Thana -MAHILA P.S. District- BHABHUA (KAIMUR) ====================================================== Balbir Singh, son of Sudarsan Singh, Resident of village- Mokaram, Police Station- Bhagwanpur, District- Kaimur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Pathak For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is an accused in connection with Mahila (Bhabua) P.S. Case No. 32 of 2016, registered under Sections 376 and 354(B) of Indian Penal Code and Section 6 of POCSO Act, pending in the Court of Additional Sessions Judge 1st-cum-Special Judge, POCSO, Kaimur at Bhabua.

The accusation is of committing rape at the informant by this petitioner after entering in her house.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case. Further submission is that in Medical examination the age of the victim has been assessed in between 17 to 19 years and the petitioner is in custody since 05.11.2016.

Having considered the facts and circumstances of the

Patna High Court Cr.Misc. No.3957 of 2017 (2) dt.27-02-2017 2/2 case and nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer of the petitioner, above named, is rejected.

(Rajendra Kumar Mishra, J) manish/- U T