Hemant Kushwaha @ Hemant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29416 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -MAHILA P.S. District- BHABHUA (KAIMUR) ====================================================== HEMANT KUSHWAHA @ HEMANT KUMAR Son of Radhe Kushwaha, Resident of Village- Chorwan Naaon, P.S.- Durgawati, District- Kaimur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shyam Bihari Singh For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Mahila (Bhabhua) P.S. Case No. 25 of 2017, registered for the offences punishable under section 376 of the Indian Penal Code and section 4 of POCSO Act.

Allegation against the petitioner is that he has committed rape upon the prosecutrix.

Submission of learned counsel for the petitioner is that whole prosecution story is false and concocted. Charge sheet has been submitted under sections 376, 511 and 323 of the Indian Penal Code and section 18 of the POCSO Act. It has been also submitted that the father of the prosecutrix has filed a petition that

Patna High Court Cr.Misc. No.29416 of 2017 (3) dt.18-07-2017 no such occurrence has been committed.

Heard learned APP also.

Having heard both sides and in view of the allegation as afore stated, I am not inclined to grant bail to the petitioner. Hence prayer for bail of the petitioner is rejected. However, considering the fact that the petitioner is in custody, the learned trial court is directed to expedite the trial of the petitioner. This application is accordingly dismissed.

(Vinod Kumar Sinha, J) S.Sb/- U T