Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13362 of 2020 Arising Out of PS. Case No.-183 Year-2019 Thana- BARHIYA District- Lakhisarai ====================================================== Bipin Kumar, aged about 37 years, Male, S/o Biso Mahto @ Vishub Mahto, R/o village- Adarsh Lakshmipur, P.S.- Barahiya, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Advocate For the Opposite Party/s :

Ms.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-06-2020 Heard the parties through the virtual court proceeding.

The petitioner seeks bail in connection with Barahiya P.S. Case No. 183 of 2019 registered for the offence punishable under Section 366(A) of the Indian Penal Code and Section 8 of POCSO Act.

The allegation against the petitioner is that he has kidnapped the minor daughter of th informant and committed penetrative sexual assault with her.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and he has falsely been implicated in this case on account of village politics. Learned counsel for the petitioner further submits that

Patna High Court CR. MISC. No.13362 of 2020(4) dt.29-06-2020 2/2 the petitioner is a teacher and he has nothing to do with the alleged offence.

From perusal of the record, it appears that police after investigation has submitted charge sheet. There is specific allegation against this petitioner that he has kidnapped the victim girl aged about 13 years and committed penetrative sexual assault with her. Cognizance has already been taken against the petitioner.

Considering the seriousness of the offence as well as direct involvement of this petitioner in the alleged crime, I am not inclined to enlarge the petitioner on bail and as such the prayer for bail of this petitioner is hereby rejected. However, petitioner is directed to renew his prayer for bail after framing of charge.

(Anjani Kumar Sharan, J) Nasimul/- U T