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Patna High CourtCR. MISC./18957/2024dismissed

Bullet Kumar Chaudhary v. The State Of Bihar

2024-05-08Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18957 of 2024 Arising Out of PS. Case No.-389 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== Bullet Kumar Chaudhary SON OF MAHENDRA CHAUDHARY @ MATHAN CHAUDHARY RESIDENT OF VILLAGE- SENUWARIYA, WARD NO. 2, PS- MAJHAULIYA, DISTT-WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Majhauliya P.S. Case No. 389 of 2023 registered for the offence punishable under Sections 376/34 of the Indian Penal Code, Section 4 of the POCSO Act and Sections 3(i)(r)(s)/3(2)(v)(A) of the SC/ST Act.

3. A minor girl has been raped by the petitioner. Though during the trial, the allegation of rape has not been supported by the victim but other allegations of forcibly entering the house, assaulting the her etc. have been supported by the victim. The victim has also said that she does not remember her statement recorded under Section 164 of the Cr.

Patna High Court CR. MISC. No.18957 of 2024(3) dt.08-05-2024 2/2 P.C.

4. It appears that the accused persons are tampering with the evidence.

5. Considering the facts and circumstances of the case, this application is dismissed.

(Sandeep Kumar, J) Saif/- U T