Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21274 of 2024 Arising Out of PS. Case No.-315 Year-2023 Thana- NAGAR District- Vaishali ====================================================== Rohit Kumar S/o Vijay Mahto Resident of Village - Ramchaura Mandir, P.S. - Nagar, Dist. - Hajipur, Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kshem Sharma For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-07-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Nagar P.S. Case No. 315 of 2023 for the offences punishable under Sections 377 of the Indian Penal Code and Section 3(i) (w) of the SC/ST Act and Section 4/8 of the POCSO Act.

3. Allegedly, the informant's son was playing on the land of one Rambabu Bhagat. In the meantime, the petitioner came there and took away his son to another place and committed misdeed with him, by opening his pant.

4. The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and has falsely

Patna High Court CR. MISC. No.21274 of 2024(3) dt.01-07-2024 2/2 been implicated in this case due to enmity and dirty village politics. He has submitted further that no eye-witness has supported the prosecution case and the petitioner is under custody since 28.04.2023.

5. On the other hand, the learned APP for the State has submitted that there is serious allegation against the petitioner of committing unnatural sexual act with a nine year old boy, as such, he doesn't deserve the privilege of bail.

6. Considering the above-mentioned facts and circumstances, I do not think it to be a fit case for bail, which is hereby rejected.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T