Raja Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.44563 of 2018 (3) dt.28-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44563 of 2018 Arising Out of PS.Case No. -40 Year- 2018 Thana -KHARAGPUR District- MUNGER ======================================================

1. Raja Kumar S/o Ganesh Singh resident of village : Muzaffarganj, P.S. : Kharagpur, District : Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bidhan Chandra Jha For the Opposite Party/s : Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 16.05.2018 in connection with Kharagpur P.S. Case No. 40 of 2018 for the offence registered under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.

Learned counsel for the petitioner submits that there is serious discrepancy between the statement of the victim girl in the first information report and her statement under Section 164 Cr.P.C. It is further submitted that there is delay in filing the first information report.

Diary of the present case was called for which has since been received.

Patna High Court Cr.Misc. No.44563 of 2018 (3) dt.28-08-2018 On perusal of the case diary, it appears that the petitioner is the main accused and the allegation against him in the first information report stands corroborated by the statement made under Section 164 Cr.P.C.

In view of the aforesaid facts and circumstances of the case, I am not inclined to grant bail to the petitioner. It is, accordingly, rejected.

Let the trial of the case be expedited.

(Anjana Mishra, J) Jagdish/- U T