Sarwan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63337 of 2018 Arising Out of PS. Case No.-109 Year-2018 Thana- MAHKAR District- Gaya ====================================================== Sarwan Prasad son of Sri Yogendra Prasad, resident of VillageNaili, Police Station- Mahkar, District- Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2018 Petitioner prays for bail in connection with Mahkar P.S.Case No. 109 of 2018 registered for the offences punishable under Sections 376(3) of the Indian Penal Code, 4.12 of POCSO Act and 3(2)(v) of SC/ST Act.

Allegation against the petitioner is of kidnapping and committing rape upon the daughter of informant. Submission of learned counsel for the petitioner is that the medical report does not support the prosecution case and this is a case of love affair and petitioner is in custody since 22.6.2018.

Heard learned Special P.P., who has opposed the prayer for bail stating that the victim girl has supported the prosecution case in her statement under Section 164 Cr.P.C. also.

Patna High Court Cr.Misc. No.63337 of 2018(4) dt.06-11-2018 2/2 Having heard both sides and in the facts and circumstances, I am not inclined to grant bail to the petitioner. This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U T