Chunnu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59560 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- MAHILA P.S. District- Nalanda ====================================================== CHUNNU KUMAR Son of Sanju Kumar Resident of Village-Poari, P.S.- Harnaut, District-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Biresh Kumar Sinha For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-10-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 08.05.2019 in connection with Mahila P.S. Case No. 31/2019 registered for the offence punishable under Sections 376(D)/354(A)(B)(C)/506/34 of the Indian Penal Code and Section 66(E) of the I.T. Act and Section 4 of the POCSO Act.

Learned counsel for the petitioner submits that the medical report does not substantiate the allegation as made by the informant.

However, after considering the entire facts and circumstances of the case and also the statement of the victim girl made under Section 164 Cr. P.C. in which she has stated herself to be 16 years of age and the Court has also assessed her

Patna High Court CR. MISC. No.59560 of 2019(2) dt.23-10-2019 2/2 age to be 16 years in which she reiterated the earlier allegations as made in the FIR and has specifically named the present petitioner as having participated in the act of rape along with other co-accused persons and also having made video pictures of the said occurrence, I am not inclined to grant regular bail to this petitioner.

It is accordingly rejected.

Let the trial of the case be expedited.

(Anjana Mishra, J) Saif/- U T