ABHISHEK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been preferred against the order dtd. 15/10/2019, passed by learned Additional Sessions Judge-1st, Jehanabad, whereby and whereunder the prayer for grant of bail to the appellant has been rejected in connection with Mahila P.S Case No. 55 of 2018, for the offence registered under Sec. 376 of the Indian Penal Code and Sec. 4 of the POCSO Act.

(2.) The prosecution case, in brief, is that the informant submitted a written statement to the S.H.O., Mahila P.S. Jehanabad, on 21/10/2018, wherein he has alleged that the appellant committed rape upon his seven years old maternal grand-daughter in a deserted and lonely place.

(3.) Learned counsel for the appellant submitted that the appellant has been declared juvenile by the learned Additional Sessions Judge-1st, Jehanabad, vide order dtd. 19/2/2019 (Annexure-4 to the Memo of Appeal). After conducting inquiry, his age on the alleged date of occurrence has been assessed as 16 years and 8 months. It has been also submitted that the appellant is in custody since 22/10/2018.