Patna High CourtCR. MISC./18680/2017rejected

Dipendra Kumar v. The State Of Bihar

2017-05-11Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18680 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -PURUSHOTTAMPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Dipendra Kumar, son of Awdesh Ram, R/o Village Marzadwa, P.S.- Purhottam Pur, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Akhileshwar Kumar Shrivastva For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-05-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Purshottampur P.S. Case No. 4/17 (S.G.R. No. 07 of 2017) registered for the offence punishable under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act. Allegedly, the niece, aged 14 years, of the informant was raped by the petitioner and the victim in her statement recorded under Section 164 Cr.P.C. has supported the allegation of rape.

Submission is of false implication and that the petitioner and the victim were having love affairs and she herself

Patna High Court Cr.Misc. No.18680 of 2017 (2) dt.11-05-2017 2/2 left her house for two hours. The statement of the victim girl recorded under Section 161 Cr.P.C. is contradictory with the statement recorded under Section 164 Cr.P.C., without any fault the petitioner is suffering in custody since 30.01.2017. Medical evidence does not support the prosecution version. The learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of bail. In the facts and circumstances stated above, considering that the victim girl in her statement recorded under Section 164 Cr.P.C. has supported the allegation of rape and, as such, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Purshottampur P.S. Case No. 4 of 2017 S.G.R. No. 07 of 2017 pending in the Court of learned Addl. Distt & Sessions Judge-1stcum-Special Judge, Bettiah, West Champaran. (Jitendra Mohan Sharma, J) sushma/- U T