Patna High CourtCR. MISC./11197/2024bail rejected

Suresh Kumar v. The State Of Bihar

2024-02-22Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11197 of 2024 Arising Out of PS. Case No.-53 Year-2023 Thana- MAHILA PS District- Buxar ====================================================== Suresh Kumar S/o Bhutan Chouhan R/o Vill - Sughar, P.S. - Rajpur, Dist. - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kuamr Ojha, Adv For the Opposite Party/s :

Mr.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Buxar (Mahila) P.S. Case No. 53 of 2023 registered on 26.09.2023 lodged under Sections 341, 354(B), 376D, 504, 506/34 of the I.P.C. and 4/8 POCSO Act.

3. As per the prosecution case, F.I.R. has been lodged against two named accused persons including the petitioner against whom there is allegation of outrage of modesty and committing rape along with other sections as well as POCSO Act.

4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 27.09.2023 having no criminal case pending

Patna High Court CR. MISC. No.11197 of 2024(2) dt.22-02-2024 2/2 against him, in which he is on bail. He submits that the alleged victim has narrated the statement under section 164 of Cr.P.C. and different version has come. By virtue of statement, it seems that there is contradiction in the statement of the victim and F.I.R. is automatically falsified. Charge-sheet has already been filed.

7. Learned counsel for the State opposes the prayer for bail and submits that medical report and statement under Section 164 of Cr.P.C. is attached and victim has supported the statement of committing rape by the petitioner which is supported by the medical report.

8. In the present facts and circumstances of this case, this Court is not inclined to grant bail to the petitioner. Accordingly, this bail application stands rejected. (Dr. Anshuman, J) Sunnykr/- U