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Patna High CourtCR. MISC./59379/2019dismissed

Neeraj Kumar v. The State Of Bihar

2020-01-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59379 of 2019 Arising Out of PS. Case No.-104 Year-2018 Thana- MAHILA P.S. District- Nalanda ====================================================== NEERAJ KUMAR S/o Barhan Tanti Resident of Village- Lalganj, P.S.- Ben, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2020 Petitioner seeks bail in connection with Mahila P.S. Case No. 104 of 2018, registered for the offences punishable under Sections 376, 313/34 of the Indian Penal Code and Sections 4 and 6 of POCSO Act.

As per FIR there is allegation against the petitioner that he committed rape upon 14-15 years minor girl, who was mentally unsound.

Submission of learned counsel for the petitioner is that there is delay of lodging of FIR and medical report also does not support the prosecution case and petitioner is in custody since 1.7.2019.

Heard learned APP, who has opposed the prayer for bail stating that allegation serious in nature. In view of above facts and circumstances, I am not

Patna High Court CR. MISC. No.59379 of 2019(5) dt.31-01-2020 2/2 inclined to grant bail to the petitioner.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T