Patna High CourtCR. MISC./24394/2024bail rejected

Sachin Kumar v. The State Of Bihar

2024-08-21Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24394 of 2024 Arising Out of PS. Case No.-488 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== Sachin Kumar Son of Arvind Yadav Resident of Village- Masautha, Police Station- Nardiganj, Dist.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Adv.

For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with POCSO Case No. 64/2023 arising out of Warisaliganj P.S. Case No. 488 of 2023 dated 26.09.2023 registered for the offences punishable u/s 376 of the Indian Penal Code and Section 4 of the POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant and committed rape on her.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The charge-sheet has been submitted against the petitioner. It is further submitted that the petitioner has no concern with the

Patna High Court CR. MISC. No.24394 of 2024(4) dt.21-08-2024 2/2 alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.09.2023.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that the specific allegation against the petitioner is that he committed rape on the informant's daughter. He has further submitted that the victim in her statement recorded under Section 164 of the Cr.P.C. has also supported the prosecution case. As per the medical report, there is sign of recent sexual intercourse.

6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner above-named on bail.

7. The application stands rejected.

(Chandra Prakash Singh, J) Gautam/- U T