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Patna High Court - Orders

Manendra Kumar Mishra @ Shyam Jee Mishra vs The State Of Bihar on 18 July, 2012

Author: Gopal Prasad

Bench: Gopal Prasad

       Patna High Court Cr.Misc. No.25534 of 2012 (2) dt.18-07-2012




                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Criminal Miscellaneous No. 25534 of 2012
                    ======================================================
                    Manendra Kumar Mishra @ Shyam Jee Mishra
                                                                         .... .... Petitioner/s
                                                     Versus
                    The State of Bihar
                                                                    .... .... Opposite Party/s
                    ======================================================

                    CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD
                    ORAL ORDER

2   18-07-2012

Heard learned counsel for the petitioner and learned counsel for the State.

This is a petition for grant of regular bail in a case under Sections 366A and 376 of the Indian Penal Code.

The victim is aged about 13 years a student of the St. Cambridge Higher Secondary School, Dumraon and the petitioner is the school teacher in that School. However, on the medical examination her age has been assessed as 15-16 years. However, the medical report suggests that the hymen ruptured and vagina torned and the victim herself supported the allegation in her statement under Section 164 Cr. P. C. Hence, having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage.

Accordingly, the prayer for bail is rejected.

(Gopal Prasad, J.) Kundan/-