Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55798 of 2015 Arising Out of PS.Case No. -52 Year- 2015 Thana -MAHILA P.S. District- NAWADA ====================================================== Santosh Kumar, S/o Kedar Pandit, Resident of Nawadih, P.s.- Kauwakole, District- Nawada.

.... .... Petitioner

Versus

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

For the Petitioner/s : M/s. N.K. Agrawal, Senior Advocate D.N. Tiwari, Advocate For the State : Mr. M. RAB, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence punishable under section 376 of the Indian Penal Code and 4/6/8 of the Protection of Children from Sexual Offences Act. Allegedly, the petitioner, being teacher, committed rape with Happy Kumari aged about 9 years on 11.8.2015 and 12.8.2015.

Submission is of false implication and that the petitioner was apprehended by the villagers only on suspicion, he was assaulted by the villagers and has been implicated in a false case resulting he is suffering in custody since 13.8.2015.

Patna High Court Cr.Misc. No.55798 of 2015 (4) dt.10-02-2016 2/2 Learned A.P.P. opposes the prayer for bail.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, serious and heinous in nature, this Court is not inclined to enlarge the petitioner on bail and, accordingly, his such prayer stands rejected in connection with Mahila P.S. Case No.52 of 2015 pending in the court of learned Special Judge, Nawada.

(Jitendra Mohan Sharma, J) N.H./- U T