Ravi Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29420 of 2021 Arising Out of PS. Case No.-238 Year-2020 Thana- CHANDAN District- Banka ====================================================== Ravi Thakur, Son of Mahendra Thakur, Resident of Village - Siyatar, P.S.- Simutalla, Dist.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 12-01-2022 The applicant/accused in Crime No. 238 of 2020 registered with Chandan (Anandpur) Police Station for the offences punishable under Sections 376(D) of the Indian Penal Code as well as Section 4 of the POCSO Act at the instance of first informant Rita Kumari, by this application is seeking his release on bail during pendency of the trial. Heard the learned counsel appearing for the applicant/accused. He argued that the FIR is lodged belatedly on 14.02.2020 and the victim has stated her age as 18 years. The applicant has already undergone pretrial detention for fairly last period.

The learned Additional Public Prosecutor opposed the application by contending that the offence is serious. The first informant-prosecutrix has alleged that she

Patna High Court CR. MISC. No.29420 of 2021(4) dt.12-01-2022 2/2 was enticed by one Vijay Yadav on pretext of marrying her and she was taken to Jharkhand where the present applicant along with co-accused Bablu Yadv and two others committed rape on her. She was then left to go to her house on 10.12.2020. Considering the nature of allegation, no case for grant of bail to the applicant/accused is made out in this matter of gang rape. Accordingly, the present application stands rejected. The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused.

Bhardwaj/- (A. M. Badar, J) U T