Patna High CourtCR. MISC./37352/2013rejected

Binod Ram v. The State Of Bihar

2013-12-24Mr. Justice Ajay Kumar Tripathi2 pages

Patna High Court Cr.Misc. No.37352 of 2013 (2) dt.24-12-2013

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37352 of 2013 ======================================================

1. Binod Ram S/O Umeshwar Ram Resident Of Village-Athardih, P.S. Bahari, District-Darbhanga .... .... Petitioner/s

Versus

1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 24-12-2013 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The fact that the girl is a minor is not being dispelt by any evidence. Allegation is that the petitioner had committed repeated rape upon her as she was only 13 years of age. Contention of the learned Senior Counsel that it is a case of consensual sex or living relationship is belied from the age of the girl as such which law does not permit any kind of relationship of such nature.

The Court, therefore, is not inclined to enlarge the petitioner on anticipatory bail in connection with Baheri P.S. Case no. 99 of 2013 pending in the court of the Chief Judicial

Patna High Court Cr.Misc. No.37352 of 2013 (2) dt.24-12-2013 Magistrate, Darbhanga. He may, however, surrender and pray for regular bail which shall be dealt with on its own merit. Amin/- (Ajay Kumar Tripathi, J)