Kamlesh Yadav @ Kamlesh Kumar @ Matiya Tel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75385 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- MAHILA P.S. District- Samastipur ====================================================== KAMLESH YADAV @ KAMLESH KUMAR @ MATIYA TEL Son of Late Shivnandan Yadav Resident of Village-Singhiyaghat, Yadav Tola, P.S.- Bibhutipur, District-Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar, Advocate For the Opposite Party/s :

Mrs.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 376-A/376-B of the Indian Penal Code and Section 4 of the POCSO Act in connection with Mahila P.S. Case No. 26 of 2019.

Allegation against the petitioner is that he ravished to a minor girl. The victim has supported the allegation in her statement recorded under Section 164 Cr.P.C.

Learned counsel for the petitioner has drawn attention of the Court towards some minor contradictions in the statement under Section 164 Cr.P.C. and statement under Section 161 Cr.P.C. of the victim girl.

Considering the nature of allegation, I am not inclined to

Patna High Court CR. MISC. No.75385 of 2019(4) dt.05-03-2020 2/2 enlarge the petitioner on bail. Hence, the prayer for bail is refused. The trial Court is directed to expedite the trial. (Birendra Kumar, J) Mkr./- U T