Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14107 of 2024 Arising Out of PS. Case No.-325 Year-2023 Thana- DIGHWARA District- Saran ====================================================== Ashok Kumar Son of Late Bangali Manjhi Resident of Village- Malkhachak, P.S.- Dighwara, District- Saran at Chapra ... ... Petitioner/s

Versus

1. The State of Bihar

2. Pintu Kumar, Aged about 26 years, s/o Bhadai Ram, R/o VillageMalkhachak, P.S.Dighwara, District Saran at Chapra ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jeetendra Narayan For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-07-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 376 of the Indian Penal Code and Sections 4 & 6 of POCSO Act, 2012 27 of the Arms Act, registered in connection with Beldaur P.S.Case No.178 of 2021.

3. The petitioner is alleged to have committed rape upon the minor daughter, aged about three years, of the informant in a bush.

4. The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated and is a

Patna High Court CR. MISC. No.14107 of 2024(4) dt.03-07-2024 2/2 person of clean antecedents and the present case is a fallout the previous land dispute.

5. The learned APP has opposed the prayer for bail and submitted that the petitioner does not deserve the privilege of bail for his unpardonable act.

6. In view of direct allegation of heinous act of the petitioner, I am not inclined to grant him bail, which is hereby rejected.

(Nawneet Kumar Pandey, J) HR/- U T