Akhilesh Turaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 13756 of 2021 ============================================= Akhilesh Turaha (Male) aged about 27 years, S/o Munna Turaha @ Munnar Turaha, R/o village-Bhediya, P.S. Simari, DisrtictBuxar --------- Petitioner

Versus

The State of Bihar --------- Opposite Parties ============================================= Appearance:- For the Petitioner:- Mr. Umesh Kumar Singh, Advocate For the State :- Ms. Anita Kumari Singh, APP ============================================= CORAM:HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

2. 07.07.2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Ms. Anita Kumari Singh, learned A.P.P. for the State.

The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with POCSO Case No. 35 of 2018 arising out of Simari P.S. Case No. 148 of 2018 for the offence punishable under Sections 341, 323, 354(B), 354(c), 308, 376, 511 and 509 of the Indian Penal Code and Section 8 of the POCSO Act inasmuch as the earlier petition filed by the petitioner for grant of regular bail was rejected by this court by an Order dated 10.01.2019, passed in Crl. Miscellaneous No. 70868 of 2018.

The case of the prosecution in brief is that the victim girl (informant), aged about 15 years was going to take tuition at another village, namely, Kharahatand and when she reached at the house of Chand Muni Devi, the petitioner herein caught hold of the victim informant and pulled her into the house of Lalan Kanu and committed rape upon her.

The learned counsel for the petitioner has submitted that the petitioner is innocent and in fact in

the ongoing trial the Investigating Officer has deposed that the petitioner had not raped the victim girl. Per contra, Ms. Anita Kumari Singh, Ld. APP for the State has vehemently opposed the prayer for bail. I have heard the learned counsel for the parties and perused the materials on record from which I find that there is no change in circumstance so as to warrant re-consideration of the prayer of the petitioner for grant of bail, hence the present petition stands dismissed, especially in view of the fact that even otherwise, the allegations leveled against the petitioner are heinous in nature.

(Mohit Kumar Shah, J) S.Sb/-