Patna High CourtCR. MISC./11421/2024bail rejected

Akhilesh Kumar v. The State Of Bihar

2024-02-22Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11421 of 2024 Arising Out of PS. Case No.-109 Year-2023 Thana- MAHILA P.S. District- Lakhisarai ====================================================== Akhilesh Kumar S/O Mahendra Ram R/O Village- Jitwarpur, P.S.- Korma, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Lakhisarai Mahila P.S. Case No. 109 of 2023, lodged on 13.11.2023 under Section 376 of the Indian Penal Code read with section 6 of the POCSO Act.

3. As per the prosecution case, the FIR has been lodged against the sole petitioner. The allegation against the present petitioner is that he committed rape with the victim girl who is a juvenile.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that in the FIR, it has come that both the alleged victim girl and the petitioner was in love and in her statement under section 164 Cr.P.C., she has disclosed that she was in

Patna High Court CR. MISC. No.11421 of 2024(2) dt.22-02-2024 2/2 relationship with the petitioner and she wanted to marry and subsequently, developed physical relation like husband and wife.

5. Learned counsel for the petitioner submits that the antecedent of the petitioner is clean and he is in custody since 13.11.2023.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that POCSO Act has been added in this case.

7. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Lakhisarai Mahila P.S. Case No. 109 of 2023, pending before the learned Additional District & Sessions Judge-VI-cum-Special Judge, POCSO, Lakhisarai is hereby rejected.

9. Liberty is hereby granted to the petitioner that he may renew his prayer for bail one year from the date of cognizance.

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