Uday Ray @ Uday Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.16810 of 2018 (3) dt.26-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16810 of 2018 Arising Out of PS.Case No. -207 Year- 2017 Thana -BYPASS District- PATNA ====================================================== Uday Ray @ Uday Kumar S/o Doman Ray R/o Saidabad, P.S. Raghopur, Distt. Vaishali. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dayanand Singh, Advocate For the Opposite Party : Mr. Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-04-2018 Heard counsel for the petitioner and the State. Petitioner is an accused in a case registered for offence under sections 363, 370, 372 and 376 of the IPC, sections 4/6 of the POCSO Act.

Learned counsel for the petitioner submits that the petitioner is the husband of Soni Kumari who is said to have took away the victim girl, thereafter sold her to some other person. It is also submitted that there is no allegation of kidnapping against the petitioner as his name has surfaced only thereafter. From the FIR it appears that the age of the victim is 14/15 years. The petitioner appears to have actively participated in the offence committed by Soni Kumari and co-accused Gautam. The victim in her statement under section 164 Cr.P.C. has stated that the petitioner forcibly tried to make physical relation with her but he could not succeed due to her resistance.

Patna High Court Cr.Misc. No.16810 of 2018 (3) dt.26-04-2018 Considering the gravity of the allegation, this Court is not inclined to grant bail to the petitioner for the present. The prayer for bail of the petitioner is rejected.

(Madhuresh Prasad, J) Shashi.

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