Chhotu Kumar Singh @ Sujit Kumar Singh @ Sujit Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.57953 of 2015 (3) dt.19-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57953 of 2015 Arising Out of PS.Case No. -259 Year- 2015 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Chhotu Kumar Singh @ Sujit Kumar Singh @ Sujit Singh Son of Diwakar Singh Resident of Sardar Tola Aina Mahal, Gulab Bagh, P.s.- Sadar, District - Purnea.... .................................... Petitioner

Versus

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

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Sadar P.S. Case No. 259 of 2015 registered for the offences punishable under Section 376 (D) of the Indian Penal Code, Sections 3(i) (xi) (xii) of SC/ST (Prevention of Atrocities) Act and Sections 4/6 of POCSO Act.

Allegedly, the informant aged 14 years was taken away by the petitioner and his three associates and thereafter, she became unconscious and in the morning she was left in front of her house. It is alleged that the petitioner and his three associates committed gang rape with her after making her unconscious. Submission is of false implication and that the informant is a married lady which is evident from the copy of first

Patna High Court Cr.Misc. No.57953 of 2015 (3) dt.19-02-2016 information report of Purnea Mahila P.S. Case No. 70 of 2014 which the informant has filed against her husband under Sections 354, 120B, 406, 498A and 307 of the Indian Penal Code and there she has stated her age 18 years, the Police without verifying these facts after investigation has submitted chargesheet under Sections 376 (D), 504, 506/34 of the Indian Penal Code, Sections 3(i) (x) (xi) (vii) of SC/ST Act and Sections 4 and 5 of POCSO Act. The petitioner has been made victim of Police atrocities in collusion and conspiracy with the informant and as such he deserves sympathetic consideration to which learned APP opposes by submitting that the doctor has found signs of sexual assault and the age has been assessed between 15 to 16 years. In the facts and circumstances stated above, considering the allegation attributed against the petitioner serious in nature, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) avin/- U T