Patna High CourtCR. MISC./57615/2019rejected

Vikky Das v. The State Of Bihar

2019-12-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57615 of 2019 Arising Out of PS. Case No.-52 Year-2019 Thana- HULASGANJ District- Jehanabad ====================================================== VIKKY DAS Son of Ram Vinay Das @ Vinay Das, Resident of Village - Kokarsa, P.S.- Hulasganj, District - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Singh For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-12-2019 Heard Mr. Yogesh Chandra Verma, learned senior counsel for the petitioner and learned APP.

Petitioner seeks bail in Hulasganj P.S. Case No.52 of 2019 registered under Sections 363,366A, 504 and 34 of the IPC and under section 12 of the POCSO Act.

The gist of the allegation is that the petitioner enticed the minor daughter of the informant and established physical relation with her.

Learned senior counsel for the petitioner submits that the victim left her house out of her free will and solemnized marriage with the petitioner. At best, the marriage is voidable. No case under section 366A is made out. The case has been compromised but it appears that the date of birth of the victim is 13.02.2005 and on the date of occurrence i.e. 28.03.2019 the

Patna High Court CR. MISC. No.57615 of 2019(4) dt.11-12-2019 2/2 victim was about 14 years old. The petitioner is alleged to have enticed her. The victim in her statement under section 164 of the Cr.P.C. very categorically disclosed that the petitioner took her to different places and forcibly committed rape with her. She further disclosed that the petitioner forcibly married with her at the place of his brother-in-law.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Harish/- U T