Kumod Kumar Sahni @ Kumod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14695 of 2024 Arising Out of PS. Case No.-336 Year-2023 Thana- KORHA District- Katihar ====================================================== Kumod Kumar Sahni @ Kumod Kumar Son Of Narayan Sahani Resident Of Village- Kant Nagar Bandh, Panchayat- Shishia, Ps- Barari, Distt- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar, Advocate For the Informant :

Mr.Suresh Prasad @ Barnwal, Advocate For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner, learned counsel for the informant, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Korha P.S. case No. 336 of 2023 instituted for the offences under Sections 376(2)(i)(j) of the Indian Penal Code and Section 6 of POCSO Act.

3. Prosecution case, in short, is that it is alleged that petitioner outraged the modesty of the victim.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that FIR has been lodged under Sections 376(2)(i)(j) of the Indian Penal Code and Section

Patna High Court CR. MISC. No.14695 of 2024(3) dt.29-04-2024 2/3 6 of POCSO Act, whereas the cognizance has been taken under Section 376(AB) of Indian Penal Code and Section 6 of the POCSO Act. He further submitted that informant is not the eye witness of the occurrence. He further submitted that the petitioner neither committed rape with the victim nor was present at the place of occurrence on the alleged date and time. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.09.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel for the informant further submitted that the medical report of the victim, corroborates with the commission of rape with the victim girl. Victim, in her statement recorder under Section 164 of the Cr.P.C. has also supported the prosecution case.

6. Considering the aforesaid facts and circumstances of the case, nature and gravity of offence and statement of the victim recorded under Section 164 of the Cr.P.C. in which she has specifically stated the manner in which the occurrence took place, this Court is not inclined to grant bail to the petitioner.

7. Prayer is rejected. Learned Trial Court is directed to

Patna High Court CR. MISC. No.14695 of 2024(3) dt.29-04-2024 3/3 expedite the trial and conclude the same expeditiously. Further, direction is also given to the District Magistrate, Katihar and Superintendent of Police, Katihar to produce the witnesses in the concerned Trial Court as and when required.

8. Let the copy of this order be sent to District Magistrate, Katihar and Superintendent of Police, Katihar. (Rudra Prakash Mishra, J) Alok Verma/- U T