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Patna High CourtCR. MISC./27708/2018rejected

Arun Kumar Ganesh v. The State Of Bihar

2018-05-07Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27708 of 2018 Arising Out of PS. Case No.-4 Year-2018 Thana- GARMDAGA District- Kishanganj ====================================================== Arun Kumar Ganesh, S/o Late Asswani Ganesh, R/o Vill.- Salbari, P.S.- Garbandanga, District- Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jagdish Prasad Bhagat For the Opposite Party/s :

Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 07-05-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Garbandanga P.S.Case No. 04 of 2018 registered under Sections 363, 366A and 376 of the Indian penal Code and Section 4 of the POCSO Act.

Allegation in brief is that petitioner enticed away the minor daughter of the informant.

Submission is that they used to chat each other on Whats App and the police is required to examine chatting made between them however learned counsel concedes that girl was recovered from the possession of the petitioner. The statement of the victim girl recorded under Section 164 Cr.P.C. shows that she is only 16 years of age and according to her petitioner committed rape in captivity. Having considered the aforesaid facts and circumstances

Patna High Court Cr.Misc. No.27708 of 2018(2) dt.07-05-2018 2/2 and nature of accusation, the prayer of bail of the petitioner is rejected. Trial court is directed to expedite the trial. (Arun Kumar, J) sujit/- U T