Raj Kumar @ Malwa Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74897 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- MANSURCHAK District- Begusarai ====================================================== RAJ KUMAR @ MALWA THAKUR S/o Late Umesh Thakur R/o villageSamsa, P.S.- Mansurchak, District- Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Prakash Singh, Advocate For the informant :

Mr. Radha Mohan Singh, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with POCSO Case No. 14 of 2019, arising out of Mansurchak P.S. Case No. 17 of 2019, registered under Section 376(D) of Indian Penal Code and Sections 4, 5, 6 and 12 of the POCSO Act, pending in the Court of learned Addl. Sessions Judge-I-cumSpecial Judge, POCSO Act, Begusarai. The accusation is that in the evening of 11.02.2019, while informant, aged about 13 years, was going to attend call of nature, meanwhile, Aman Kumar Sah, Gidorwa @ Sujit Thakur, Raviya Malakar, Malwa Thakur (Petitioner), Chhotua Malakar and Sunny Sah, forcibly, took her and all committed rape upon the informant one by one and also

Patna High Court CR. MISC. No.74897 of 2019(3) dt.19-03-2020 2/2 prepared her nude photograph.

Learned counsel appearing on behalf of the petitioner submits that while occurrence is said to be committed on 11.02.2019, but the F.I.R. has been lodged on 22.02.2019 after ten days of the occurrence. Further submission is that in the medical examination, the age of the victim has been assessed between 15 to 17 years.

On the other hand, learned APP for the State assisted by learned counsel appearing on behalf of the informant submits that the victim has fully supported the case in her statement recorded under Section 164 of the Cr.P.P. Having considered the facts and circumstances of the case and nature of allegation, at present, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer of the petitioner, above named, is rejected.

(Rajendra Kumar Mishra, J) manish/- U T