Rahul Kumar @ Dhauli v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17437 of 2024 Arising Out of PS. Case No.-62 Year-2023 Thana- BALIGAON District- Vaishali ====================================================== Rahul Kumar @ Dhauli Son Of Phulel Sahni Village- Kuria, P.S.- Baligaon, District -Vaishali, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Baligaon P.S. Case No. 62 of 2023, lodged on 02.06.2023, under Sections 376(D)/328/34 of the Indian Penal Code and under Section 6 of the POCSO Act.

3. As per the prosecution, FIR has been lodged against five named accused persons against whom there is allegation that they all have committed gang rape against the granddaughter of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that the alleged victim itself in love affairs with someone and unnecessarily the name of the petitioner has

Patna High Court CR. MISC. No.17437 of 2024(3) dt.26-04-2024 2/2 inserted in the FIR. Counsel submits that antecedent of the petitioner is clean. He is in custody since 03.06.2023.

5. Learned counsel for the State opposes the prayer for bail and submits that on previous occasion this Hon'ble Court has called for the case-diary and statement under Section 164 Cr.P.C.

6. Upon perusal of the statement of the victim under Section 164 Cr.P.C., it transpires to this Court that victim girl has made specific allegation against five named accused persons including the present petitioner. As such, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected. (Dr. Anshuman, J) Mkr./- U