Md. Chunna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3859 of 2024 Arising Out of PS. Case No.-77 Year-2018 Thana- MAHILA P.S. District- Araria ====================================================== Md. Chunna Son of Late Abdul Kayyum Resident of Village - Baturbari Marar Tola, Ward No.- 13, Police Station - Tarabari, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivekanand Singh For the Opposite Party/s :

Mr. Prem Kumar Jha Mr. Rakesh Kumar Sharma Mr.Rabindra Kumar Mr. Amresh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-04-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offence under Section 376/34 of the Indian Penal Code and Section 4 of the POCSO Act.

3. A minor deaf and dumb girl was raped by the petitioner. The victim has supported the allegations levelled against the petitioner in her statement recorded under Section 164 of the Cr.P.C.

4. Learned counsel for the petitioner has argued that since the petitioner has refused to marry, he has falsely been implicated in this case and victim has been found to be major.

Patna High Court CR. MISC. No.3859 of 2024(3) dt.09-04-2024 2/2 Petitioner is in custody since 03.11.2023.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the serious nature of allegation levelled against the petitioner, I am not inclined to grant bail to the petitioner.

7. Accordingly, this application for regular bail is dismissed.

8. The court below is directed to expedite the trial of the petitioner.

(Sandeep Kumar, J) Shishir/- U T