Chandan Kumar @ Chandan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45507 of 2014 Arising Out of PS.Case No. -209 Year- 2014 Thana -PIRBAHOR DistrictPATNA ====================================================== Chandan Kumar @ Chandan Kumar Singh Son of Shri Suresh Prasad Singh Resident of Village-Turkaul, P.S.-Parasbigha, District-Jehanabad, at present residing at Mohalla-Makhania Gali opposite B.N. College P.S.-Pirbahor, District-Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dineshwar Prasad Singh, Adv. For the Opposite Party/s : Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 10-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 354 A, 376, 511 of IPC and Section 12 of the Protection of Children From Sexual Offences Act.

Allegation against the petitioner is that he was trying to commit rape of a minor girl aged about 7 years. Learned counsel for the petitioner submits that neither the victim nor the petitioner has been examined by the doctor. The petitioner has been falsely implicated in this case as the mother of the victim has borrowed money from the petitioner

Patna High Court Cr.Misc. No.45507 of 2014 (4) dt.10-03-2015 2/2 and she was not returning the money even after repeated demands. Learned counsel for the State submits that during investigation, the victim has been examined and her statement is in paragraph 3 of the case-diary in which she has supported the prosecution case and has also given the vivid description about the occurrence as to how the petitioner lured the victim and her brother Raushan Kumar. His statement has also been made in paragraph 4 of the case-diary. After investigation, the case has been found true and the charge-sheet has been submitted under Section 376 IPC and sections 6, 8 and 10 of Protection of Children From Sexual Offences Act, 2012.

Considering the facts and circumstances, in my opinion, the petitioner does not deserve bail at this stage. His prayer for bail is rejected.

(Amaresh Kumar Lal, J) Kanchan/- U T