Krishna Mohan Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14993 of 2020 Arising Out of PS. Case No.-183 Year-2019 Thana- MAHILA P.S. District- Nalanda ====================================================== Krishna Mohan Ravidas S/o Nandu Ravidas Resident of Village- Khagariya, P.S.- Ekangarsarai, Distt- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Prasad, Adv.

For the Opposite Party/s :

Ms.Nirmala Kumari,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-06-2020 Heard learned counsel for the petitioner and learned A.P.P for the State, through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Mahila P.S. Case no.183 of 2019 registered under section 376 of the Indian Penal Code and sections 4 and 6 of the POCSO Act.

As per allegation in the F.I.R., the 12 year old daughter of the informant returned home crying and on enquiry disclosed that the petitioner had committed rape on her. It is submitted by learned counsel for the petitioner that the allegations as leveled in the F.I.R. are false and concocted. From perusal of the statement under section 164 Cr.P.C., Annexure-2 to the petition, it would transpire that no rape was committed on her. Further the same would also be evident from

Patna High Court CR. MISC. No.14993 of 2020(3) dt.01-06-2020 2/2 the medical report. It is submitted that in course of investigation the statement of brother of the victim was recorded who has stated that both his mother, the informant and the victim his sister are mentally unsound. It is submitted that the petitioner has no criminal antecedent and is in custody since 6.11.2019. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties, on going through the statement of the victim recorded under section 164 Cr.P.C. and taking into consideration the narration by the victim in her statement, the Court is not inclined to grant bail to the petitioner and as such his application for bail is rejected. (Partha Sarthy, J) Bibhash/- U T