Rajesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24265 of 2017 Arising Out of PS.Case No. -47 Year- 2016 Thana -MAHILA P.S. District- NAWADA ====================================================== Rajesh Manjhi, son of Baleshwar Manjhi, R/o Vill- Pachiyadih, P.S.- Muffasil, District- Nawada.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar, Advocate For the Opposite Party/s : Smt. Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Special POCSO Case No. 24 of 2016, arising out of Mahila P.S.Case No. 47 of 2016, registered for the offences punishable under Sections 366A, 376 of the Indian Penal Code and 6 of POCSO Act.

Allegation against the petitioner is of committing rape upon the prosecutrix.

It has been submitted on behalf of the petitioner that even according to FIR no case under Section 376 IPC is made out and at best it is a case of 376/511 IPC. It has further been submitted that victim is consenting party and the case is false and concocted.

Patna High Court Cr.Misc. No.24265 of 2017 (4) dt.10-07-2017 2/2 Heard learned APP also, who has opposed the prayer for bail stating that there is direct allegation of committing rape upon a minor girl against the petitioner.

Having heard both sides and considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Prayer for bail is rejected.

However, learned trial court is directed to expedite the trial of the petitioner.

(Vinod Kumar Sinha, J) spal/- U