Patna High CourtCR. MISC./55372/2015rejected

Arun Jha v. The State Of Bihar

2016-02-16Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55372 of 2015 Arising Out of PS.Case No. -168 Year- 2015 Thana -JALE District- DARBHANGA ====================================================== Arun Jha, Son of Sri Sobha Kant Jha Resident of Village- Bhishan Tol Kachhua, P.S.- Jaley, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Agarwal, Sr. Adv. Mr. Baidyanath Thakur, Adv.

For the Opposite Party/s : Mr. Smt.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Jaley P.S. Case No. 168 of 2015 registered for the offences punishable under Section 376 of the Indian Penal Code and Sections 4, 8, 10 and 12 of the POCSO Act, 2012.

Allegedly, the petitioner committed rape with Rupam Kumari aged about 13 years, the daughter of the informant, on 31.08.2015 and again made an attempt to commit rape with her and then written application was filed.

Submission is of false implication to land dispute, F.I.R. has been lodged after much delay, the Doctor has not found any sign of rape. The petitioner is cousin grandfather of the victim, the

Patna High Court Cr.Misc. No.55372 of 2015 (4) dt.16-02-2016 2/2 petitioner is aged about 54 years and without any legal and cogent materials charge-sheet has been submitted against the petitioner, petitioner is suffering in custody since 23.09.2015. Learned A.P.P. opposes that the victim in her statement has also supported the allegation of rape. In the facts and circumstances stated above, this Court is not inclined to enlarge the petitioner on bail in connection with Jaley P.S. Case No. 168 of 2015 and accordingly, his such prayer stands rejected.

(Jitendra Mohan Sharma, J) kunal/- U T