Kundan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18362 of 2021 Arising Out of PS. Case No.-265 Year-2020 Thana- DALSINGHSARAI District- Samastipur ====================================================== KUNDAN SHARMA S/O MANTUN SHARMA @ MANTUN THAKUR, Resident of Gudri Bazar, Ward No. 10, P.S.- Dalsingsarai, DistrictSamastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Adv.

For the Opposite Party/s :

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 376 A of the Indian Penal Code, Section 4/6 of the POCSO Act and Sections 3 (i), (r) 3 (i) (s), 3 (2) (va) SC/ST Act.

The prosecution case, in brief is that on 09.09.2020 in the noon the informant and victim were going to her home from hr shop when, on the way accused Kundan Sharma arrived there on a bike and asked her for lift. As the victim was known to him since earlier hence she rod the bike as pillion after which the accused kept on biking her here and there rather her to going her home even after objection by the victim Throughout the day the

Patna High Court CR. MISC. No.18362 of 2021(3) dt.22-10-2021 2/3 accused kept on roaming on Vidyapati Road and finally he took her to Central Public School situated behind the pump of one Deepak Babu at Ghat Nawada and showing her pistol and threatening her made forcible physical relation with her throughout the night and on next morning, seeing her worsened physical condition, left her their itself and fled away. Somehow, the victim managed to return back her home and narrated the entire occurrence to her family members.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that there is contradiction to the statement of victim recorded by the Judicial Magistrate under Section 164 Cr.P.C. The medical board have found her age in between sixteen and half to seventeen and half and there is no any sexual assault against the victim. The petitioner is languishing in jail custody since 12.09.2020. The petitioner has no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State opposed the prayer for bail petition and submits that the statement of victim recorded under Section 164 Cr.P.C. has supported the prosecution case. Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.18362 of 2021(3) dt.22-10-2021 3/3 the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Dalsingsarai P.S. Case No. 265/2020 from the Court of learned Additional Sessions Judge-VI cum Special Court (POCSO), Samastipur.

Accordingly, this application is dismissed.

However, the learned court below is directed to expedite trial of the petitioner.

(Anjani Kumar Sharan, J) amitkumar/- U T