Lakshaman Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13051 of 2025 Arising Out of PS. Case No.-351 Year-2024 Thana- GAURICHAK District- Patna ====================================================== Lakshaman Prasad S/O Late Amlesh Prasad Resident of Village- Beldarichak, P.S-Gaurichak, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Malti Devi W/O Virendra Kumar R/O Village- Beldarichak, P.S- Gaurichak, Distt.- Patna.

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

For the Petitioner :

Mr. Raju Kumar, Advocate For the State :

Mr. Shantanu Kumar, APP For the Informant :

Mr. Kaushal Kishor, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the informant. Perused the case diary.

2.

The petitioner seeks bail in connection with Guarichak P.S. Case No. 351 of 2024 instituted for the offence under Sections 376, 506/34 of the Indian Penal Code and Sections 4, 6 & 8 of the POCSO Act.

3.

As per prosecution case, accusation against the petitioner is that when the victim went to the house of the petitioner, he forcibly made physical relation with her. It is further alleged that the wife of the petitioner made video of the same and made it viral on Whatsapp.

Patna High Court CR. MISC. No.13051 of 2025(3) dt.04-04-2025 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20-07-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is co-villager and neighbour of the informant. There is land dispute between the parties. There is huge delay of about 1 year 9 months in lodging the FIR. Charge sheet is submitted in this case. Wife of the petitioner has been enlarged on bail by this Court vide order dated 22-01-2025, passed in Cr. Misc. No. 71930 of 2024.

6.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. It is fervently submitted that victim in her statement recorded under Section 183 of the BNSS, 2023 has fully supported the prosecution case, however, she has denied for medical examination. Victim is minor and offence is very serious in nature, hence petitioner, does not deserve the privilege of bail.

7.

Considering the aforesaid facts and circumstances of the case, taking into account the statement of the victim

Patna High Court CR. MISC. No.13051 of 2025(3) dt.04-04-2025 3/3 recorded under Section 183 of the BNSS, 2023, this Court is not inclined to grant bail to the petitioner. Prayer for grant of bail is, accordingly, rejected.

8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T