Kapildeo Das @ Kapil Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28909 of 2021 Arising Out of PS. Case No.-10 Year-2021 Thana- KAJRAILICHAK District- Bhagalpur ====================================================== KAPILDEO DAS @ KAPIL DAS Son of Late Manohar Das @ Manohar Harijan Resident of Village - Dariapur, P.S.- Sajour, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Pandey, Adv.

For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 366, 376, 504 and 34 of the Indian Penal Code and section 4 of the POCSO Act.

As per the prosecution case, while the daughter of the informant was going to her grand mother's place, it is stated that the three accused persons including the petitioner herein took away informant's daughter. On being found after intensive search, it is stated that she disclosed that the three accused persons including the petitioner herein forcibly established physical relations with her.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.28909 of 2021(5) dt.17-01-2022 2/2 that the petitioner has been falsely implicated in the case. He has not committed any offence. There is admitted enmity between the parties. The specific allegation is against Ranjeet Das and not the petitioner herein. The petitioner is in custody since 3.2.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) Bibhash U T