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Patna High CourtCR. MISC./18868/2022dismissed

Sonu Kumar v. The State Of Bihar

2023-01-03Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18868 of 2022 Arising Out of PS. Case No.-17 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== SONU KUMAR SON OF UMESH PANDIT RESIDENT OF CHANDWAR P .S PUNPUN ,DISTRICT PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Sharan,Adv.

For the Opposite Party/s :

Mr.Arun Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State, Sri Arun Kumar Pandey.

The petitioner seeks regular bail in connection with Spl. (POCSO) Case No. 31/2019, arising out of Mahila P.S.Case No. 17/2019 registered for the offence punishable under Section 376(D) of the Indian Penal Code and Section 4 of the POCSO Act. The petitioner along with one another person is alleged to have raped the victim girl. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is

Patna High Court CR. MISC. No.18868 of 2022(5) dt.03-01-2023 2/2 having a clean antecedent and he is languishing in custody since 25.2.2019. The learned counsel for the petitioner has further submitted that some sympathy be shown to the petitioner on account of the period of incarnation already undergone by the petitioner herein.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

I have heard the learned counsel for the parties and gone though the materials available on record as also those contained in the case diary from which the complicity of the petitioner in the alleged occurrence is apparent and there are ample materials on record to suggest that the petitioner has raped the victim girl, hence, I do not find any merit in the present petition.

Accordingly, the present petition stands dismissed.

(Mohit Kumar Shah, J) Ajay/SonalU T