Pramod Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17961 of 2021 Arising Out of PS. Case No.-73 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== PRAMOD DAS Son of Kamta Ravidas @ Kamata Das Resident of Village - Neema, Police Station - Sherghatty, District - Gaya. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No.2, Advocate Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Satyanand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-09-2021 Heard learned counsel for the petitioner and Mr. Satyanand Shukla, learned A.P.P. for the State. Petitioner, in the present case, is seeking regular bail in connection with POCSO Case No. 19 of 2020 arising out of Sherghati P.S. Case No. 73 of 2020 registered for the offences punishable under Section 376 of the Indian Penal Code and Sections 8/10 of the Protection of Children from Sexual Offences Act.

As per the prosecution story, while the informant was alone in the house and her mother and father were not present in the house, in the meantime, co-villager Pramod Das came there and closed her mouth. He poured something on her mouth thereafter she became unconscious. In the morning, when she regained her consciousness then she found that her cloths were

Patna High Court CR. MISC. No.17961 of 2021(3) dt.30-09-2021 2/2 kept on the ridge, some blood was there on the cloth as also blood was oozing from her body. She came at her house and disclosed about the occurrence to her mother. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel submits that the informant is not sure whether any rape has been committed with her or not. Petitioner is in custody since 14.02.2020 having no criminal antecedent. Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein this petitioner is said to be the sole accused in the F.I.R. and further that the medical examination report of the victim who is minor is also corroborating the allegations, this Court is not inclined to release the petitioner on bail. Prayer for regular bail of the petitioner is, thus, refused.

Let the trial be expedited.

(Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.