Patna High CourtCR. MISC./3870/2020dismissed

Dinesh Ram v. The State Of Bihar

2020-01-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3870 of 2020 Arising Out of PS. Case No.-178 Year-2019 Thana- MOKAMAH District- Patna ====================================================== DINESH RAM S/o Late Yugal Ram Resident at Kanhaipur Tola Ganga Prasad Ward No. 3, P.S.- Mokama, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Ajay Shankar Rajoo For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mokama P.S. Case No. 178 of 2019 for the offence registered under Sections 354 and 354(b) of the Indian Penal Code and Sections 8 and 12 of POCSO Act, 2012.

The allegation is regarding the petitioner having come to the Dalan of the house of the informant where her six years old daughter was present alone and had thereafter engaged in oral sex with her as also had told her to catch his private parts with bad intentions.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he is having a clean antecedent.

Patna High Court CR. MISC. No.3870 of 2020(2) dt.21-01-2020 2/2 Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner and upon perusing the materials on record, this court is of the view that the petitioner has been alleged to have committed a heinous crime and a bare perusal of the statement made by the victim girl under Section 164 Cr. P.C. before the learned Magistrate, reference whereof has been given in the impugned order dated 19.12.2019, shows that the victim girl has supported the allegations levelled in the FIR, regarding the petitioner having committed wrong with the victim girl, thus considering the seriousness of the accusation and the heinous crime committed by the petitioner, I do not deem it fit and proper to grant the privilege of regular bail to the petitioner, hence the present petition stands dismissed. (Mohit Kumar Shah, J) S.Sb/- U T