Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7972 of 2020 Arising Out of PS. Case No.-371 Year-2019 Thana- GAIGHAT District- Muzaffarpur ====================================================== Pankaj Kumar Son of Uday Ray Resident of Village- Mahamdpur Sura, P.S.- Gaighat, District- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ravi Ranjan, Adv.

For the Opposite Party :

Mr. Dashrath Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-06-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376, 34 of the Indian Penal Code and Section 6 of POCSO Act.

Para 31 of the case diary goes to show that victim specifically stated that she was raped by the petitioner and one co-accused Indal Kumar. Victim happens to be minor girl. Learned counsel of the petitioner submits that petitioner has been made accused on account of village politics and as a matter of fact, petitioner was not known to the victim prior to the alleged occurrence as she admitted in the written

Patna High Court CR. MISC. No.7972 of 2020(3) dt.08-06-2020 2/2 report. Furthermore, in her statement recorded under Section 164 of the Cr.P.C. she claimed that petitioner was known to her prior to the alleged occurrence. Learned counsel of the petitioner submits that the aforesaid contradiction makes the prosecution case doubtful.

Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Gaighat P.S. Case No. 371 of 2019 stands rejected.

(Hemant Kumar Srivastava, J) shahzad/- U T