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Patna High CourtCR. MISC./70566/2021bail rejected

Chunnu Singh v. The State Of Bihar

2022-04-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70566 of 2021 Arising Out of PS. Case No.-121 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== Chunnu Singh Son of Rajendra Singh Resident of Village - Shivrajpur Gharaki, P.S.- Nautan, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Nautan P.S. Case No. 121 of 2021, registered for the offence punishable under Section 366(A) of the Indian Penal Code and section 8 of the POCSO Act.

As per the FIR, petitioner is alleged to have kidnapped the minor daughter of informant.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. The victim girl was medically examined and was assessed to be 16 to 17 years old and no sign of recent sexual assault was found. Petitioner is in custody since 26.07.2021 having no criminal antecedent.

Patna High Court CR. MISC. No.70566 of 2021(3) dt.25-04-2022 2/2 Learned APP however, vehemently opposed the prayer for bail and submitted that the victim girl in her statement under Section 164 Cr.P.C duly supported the prosecution case wherein she disclosed her age to be 16 years and the court below has also assessed her age to be 16 years. In view of statement of the victim girl under Section 164 Cr.P.C, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T