Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8507 of 2023 Arising Out of PS. Case No.-465 Year-2022 Thana- WARISLIGANJ District- Nawada ====================================================== Munna Kumar Son of Ramdeo Choudhary R/v- Masuda, P.S.- Warsaliganj, District- Nawada ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vishwa Ranjan Choudhary, Adv.
For the Opposite Party/s :
Mr. Satyendra Prasad, 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 Warisaliganj P.S. Case No. 465 of 2022 lodged under Sections 376 and 506 of the I.P.C. read with Section 4 of the POCSO Act. As per the prosecution case, the informant has disclosed that the accused has forcefully entered in her house and went away. There is a specific allegation of outrage of modesty against the petitioner in the F.I.R.
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Due to village politics, his name has figured in this case. Counsel
Patna High Court CR. MISC. No.8507 of 2023(2) dt.03-05-2023 2/2 further submits that the antecedent of the petitioner is clean and he is in custody since 29.08.2022 in which charge-sheet has already been filed, therefore, he deserves for bail. Learned counsel for the State opposes the prayer for bail and submits that there is an allegation of rape and threat against the petitioner.
Counsel for the informant vehemently opposes the prayer for bail and submits that before the Trial Court, statement made under Section 164 of Cr.P.C. has come, where Trial Court has observed that the victim has supported the story of the informant. The material has also come in the case diary which has been mentioned in the order sheet.
In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at present, therefore, this bail petition is hereby rejected.
With this observation, the bail application stands rejected.
(Dr. Anshuman, J.) sadique/- U T