Patna High CourtCR. MISC./21029/2018dismissed

Jageshwar Srivastava @ Jogeshwar Srivastwa @ Jogeshwar Srivastava v. The State Of Bihar

2018-07-03Mr. Justice Mohit Kumar Shah2 pages

Patna High Court Cr.Misc. No.21029 of 2018 (5) dt.03-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21029 of 2018 Arising Out of PS.Case No. -83 Year- 2017 Thana -MAHILA P.S. District- SASARAM (ROHTAS) ====================================================== Jageshwar Srivastava @ Jogeshwar Srivastwa @ Jogeshwar Srivastava Son of Sushil Kumar Sinha Resident of Village- Parsathuan, P.S. Kochas, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shri Krishna Sinha For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Mahila PS (Rohtas) case no. 83 of 2017 instituted for the offences punishable under Sections 376, 366(A)/34 of Indian Penal Code and Section 4 of POCSO Act.

The allegation is regarding the petitioner having allured the victim girl on the pretext of marriage and thereafter, committed rape on her over a long period of time. The learned counsel for the petitioner submits that the occurrence took place in January, 2017, however the FIR has been lodged in the Month of November, 2017. It is further submitted that the petitioner is languishing in custody for more

Patna High Court Cr.Misc. No.21029 of 2018 (5) dt.03-07-2018 than six months.

I have perused the materials on record and the case diary as also the statement of the victim girl made under Section 164 Cr.P.C. I find that there are sufficient material against the petitioner to proceed against him and prima facie, the petitioner is guilty of committing heinous crime in the present case. The police have also filed the charge sheet, hence there is no question of grant of bail in the present case, accordingly, the same is dismissed.

(Mohit Kumar Shah, J) rinkee/- U T