Patna High CourtCR. MISC./24878/2021bail rejected

Sohan Ram v. The State Of Bihar

2021-11-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24878 of 2021 Arising Out of PS. Case No.-75 Year-2020 Thana- SACHIVALAYA District- Patna ====================================================== SOHAN RAM SON OF LATE SARYUG RAM @ SARJU RAM @ LATE SARYU RAM RESIDENT OF BEHIND HAJ BHAWAN, JHOPPARPATTI, WARD NO. 9, POLICE STATION- SACHIWALAY, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-11-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Special POCSO Case No.120 of 2020/Sachiwalay Police Station Case No. 75 of 2020 registered for the offences punishable under section 376 of the Indian Penal Code and sections 8 and 12 of the POCSO Act. As per the prosecution case, the petitioner committed unnatural offence with the minor daughter of the informant. Learned counsel for the petitioner submits that the petitioner is next door neighbour and is innocent and has falsely been implicated in this case. Occurrence is said to be of 18.6.2020 and the FIR was instituted on 24.6.2020 and there is no explanation of delay in lodging of the FIR. The doctor has not found any mark of violence on the private part of the victim.

Patna High Court CR. MISC. No.24878 of 2021(7) dt.16-11-2021 2/2 Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 26.2.2020. Learned counsel for the State opposes the prayer for bail and submits that the age of the victim is stated to be 8 to 10 years and there is allegation against the petitioner of committing rape on the victim.

Considering the nature of accusation against the petitioner, his prayer for bail is refused.

Let the trial be expedited.

(Prabhat Kumar Singh, J) shashi/- U T