Sudhir Rai @ Sudhir Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2805 of 2020 Arising Out of PS. Case No.-143 Year-2019 Thana- MAHILA P.S. District- Araria ====================================================== Sudhir Rai @ Sudhir Ram, aged about 42 yrs (Male), Son of Late Shibu Rai, Resident of Village- Gunwanti, P.S.- Basunsi, Dist- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-03-2020 Heard Mr. Ramesh Kumar Singh, learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Araria (Mahila) P.S. Case No. 143 of 2019 corresponding to Special (POCSO) Case No. 61 of 2019, registered for the offence punishable under Section 376 of the Indian Penal Code, 1860, Section 3⁄4 of the POCSO Act and Section 3 (2)(v) of the SC / ST Act.

The allegation against the petitioner is that the petitioner tried to commit rape on the minor daughter of the informant aged about 09 months.

Mr. Ramesh Kumar Singh, learned counsel appearing for the petitioner submits that petitioner has not committed any

Patna High Court CR. MISC. No.2805 of 2020(4) dt.20-03-2020 2/2 offence in the manner alleged and he has falsely been implicated in this case due to some dispute regarding wages inasmuch as the petitioner had constructed a toilet in the house of the informant.

On the other hand, learned counsel appearing for the State vehemently opposes the prayer for regular bail and submits that doctor has examined the victim girl, who is 09 months old and has found attempt of sexual offence upon the victim, as such, the petitioner does not deserve the privilege of regular bail in the facts and circumstances of the case. After having heard learned counsel for the parties and taking into consideration the fact that allegation against the petitioner is specific in nature, I am not inclined to grant regular bail to the petitioner.

The petition is rejected.

(Anil Kumar Sinha, J) praful/- U T