Patna High CourtCR. MISC./8505/2023bail rejected

Munidev Mahaldar v. The State Of Bihar

2023-05-03Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8505 of 2023 Arising Out of PS. Case No.-101 Year-2020 Thana- KURSAILA District- Katihar ====================================================== Munidev Mahaldar S/o Bindeshwari Mahaldar R/o Balthi Maheshpur, P.S.- Kursela, Distt- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-05-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mahila P.S. Case No. 121 of 2020 arising out of G.R. No. 2675 of 2020 lodged under Section 376 of the I.P.C. read with Section 4 of the POCSO Act.

As per the prosecution case, the statement made in the F.I.R. and the statement made under Section 164 of Cr.P.C. are not corroborating each other.

Learned counsel for the petitioner submits that petitioner is in custody since 07.07.2020 having clean antecedent. Counsel submits that charge-sheet has already been

Patna High Court CR. MISC. No.8505 of 2023(2) dt.03-05-2023 2/2 submitted in this case.

Learned counsel for the State opposes the prayer for bail and submits that there is no contradiction in the statement made in the F.I.R. and the statement made under Section 164 of Cr.P.C. Counsel submits that the statement made under Section 164 of Cr.P.C., the story of prosecution is same but since it has been stated by the victim, therefore, she has used the guided language.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner, therefore, this bail petition is hereby rejected. With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) sadique/- U T