Hridyanand Patwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29879 of 2021 Arising Out of PS. Case No.-43 Year-2020 Thana- NAURANGIA District- West Champaran ====================================================== Hridyanand Patwari S/O Akhilesh Patwari R/O Village Binwaliya, Police Station-Laukariya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachida Nand Rai- Advocate For the Opposite Party/s :

Mr. Rajesh Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-11-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Naurangia P. S. Case No.43 of 2020, instituted for the offences under Sections 376 of the Indian Penal Code and Section 4 of the POCSO Act.

The learned counsel for the petitioner submits that the informant has alleged that his brother-in-law Hridyanand Patwari (petitioner) had come to his house and took her minor daughter aged about 4 years on motorcycle and thereafter, at 7.00 P.M. he dropped the child. It is further alleged that the informant saw the blood was oozing from the private part of the child and took her to the doctor

Patna High Court CR. MISC. No.29879 of 2021(2) dt.24-11-2021 2/3 for treatment. It is alleged that petitioner committed rape as he anticipated.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. He is the husband of the sister of the informant and since there is dispute regarding property. As such, the present false case has been instituted.

Learned A.P.P. vehemently opposes the bail application and submits that apart from this oral submission about the property dispute, nothing has been pleaded that what kind of property dispute was existing between the informant and her sister or whether any case regarding dispute relating to property between the informant and his sister has been filed or not.

Learned A.P.P. further submits that no father would level such false allegation with respect to her own minor daughter and thus, would bring disrepute to the family.

Considering the fact that the allegation prima facie appears to be heinous, this Court is not inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.29879 of 2021(2) dt.24-11-2021 3/3 Accordingly, his prayer for regular bail stands rejected.

(Satyavrat Verma, J) vikash/- U T