Patna High CourtCR. MISC./20670/2023rejected

Laxman Kumar v. The State Of Bihar

2023-07-06Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20670 of 2023 Arising Out of PS. Case No.-225 Year-2022 Thana- RAJPUR District- Buxar ====================================================== Laxman Kumar S/O- Avish Chouhan @ Avish Kumar Chouhan VillageSarenja P.S.- Rajpur Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Pathak For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 07.08.2022, in connection with Rajpur P.S. Case No. 225 of 2022, POCSO Case No. 77 of 2022, F.I.R. dated 06.08.2022 registered for the offences punishable under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.

Allegation against the petitioner is that he committed rape upon the minor daughter of the informant. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.

Patna High Court CR. MISC. No.20670 of 2023(3) dt.06-07-2023 2/2 He further submits that in fact the petitioner was in love with the victim and the victim wants to marry with the petitioner. Learned APP for the State, on the other hand, on the basis of material available on record and the case diary, vehemently opposed the prayer for bail and submits that it has come during investigation that the date of birth of the victim is 06.02.2006 and as per date of birth the victim was minor at the time of the occurrence and the medical report also confirms the allegation as alleged in the F.I.R. by the informant. Considering the aforesaid facts that there is direct allegation against the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Rajpur P.S. Case No. 225 of 2022, POCSO Case No. 77 of 2022 pending in the Court of learned A.D.J. VIth cum Special Judge POCSO Act, Buxar. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T