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Patna High CourtCR. MISC./27919/2021dismissed

Gaurav Kumar v. The State Of Bihar

2021-12-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27919 of 2021 Arising Out of PS. Case No.-28 Year-2021 Thana- PARBATTA District- Khagaria ====================================================== Gaurav Kumar, Son Of Ashok Yadav Resident Of Village - Khiradih, P.S. - Parbatta, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. A.P.P.

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-12-2021 Heard the learned counsel for the petitioner, the learned counsel for the informant and the learned APP for the State.

The petitioner seeks bail in connection with Parbatta P. S. Case No.28 of 2021, instituted for the offences under Sections 376, 504, 506 of the Indian Penal Code and Section 4 of the POCSO Act.

Considering the fact that the allegation is of committing rape by petitioner on a minor in the house of Bindeshwari on 20.01.2021 and that the victim in her statement recorded under Section 164 of the Cr.P.C. has supported the prosecution case.

Though the medical report negates the allegation in

Patna High Court CR. MISC. No.27919 of 2021(3) dt.23-12-2021 2/2 the F.I.R., but since the victim, being a minor aged about 12 years, has supported the prosecution case in her statement under Section 164 of the Cr.P.C., the Court is not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner stands rejected for the present.

(Satyavrat Verma, J) vikash/- U T