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Patna High CourtCR. MISC./5076/2015rejected

Saurabh Kumar v. The State Of Bihar

2015-03-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5076 of 2015 Arising Out of PS.Case No. -196 Year- 2012 Thana -MANER District- PATNA ======================================================

1. Saurabh Kumar Son of Sudarshan Rai Resident of Village Hanthi Tola, P.S. Maner, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Helal Ahmad, Advocate. For the Opposite Party/s : Mr. S.M.Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-03-2015 Heard both sides.

The petitioner seeks bail in Maner P.S. Case No. 196 of 2012, registered for the offences punishable under Section 366(A) and other Sections of the Indian Penal Code. There is allegation against the petitioner that the petitioner kidnapped the minor daughter of the informant.

Learned counsel for the petitioner submits that the victim was recovered and made her statement under Section 164 of the Cr.P.C. She remained with the petitioner for more than a month but did not raise any objection.

It appears from the perusal of the records that the victim herself disclosed her age to be of 12 years and she was medically examined and was found to be minor on the date of occurrence.

Patna High Court Cr.Misc. No.5076 of 2015 (3) dt.26-03-2015 2/2 The victim alleged that the petitioner also committed rape with her.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T