Vijay Kumar Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19448 of 2020 Arising Out of PS. Case No.-121 Year-2019 Thana- CHAKAI District- Jamui ====================================================== Vijay Kumar Goswami Son of Late Anandi Goswami Resident of Village - Phoksa, P.S.- Jhajha, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

13-07-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. This relates to grant of bail in POCSO Special Case No. 4 of 2020, arising out of Chakai P.S. Case No. 121 of 2019, registered for the offence under Sections 366(A)/34 of the Indian Penal Code. Later on, chargesheet was submitted under Section 376 of the I.P.C. and Section 4 of the POCSO Act as well as Section 3(i)(w)(z) of the SC/ST Act.

Earlier, vide order dated 09-06-2020, case diary alongwith statement of the victim girl recorded under Section 164 Cr.P.C. was called for, which have been received and kept on record. From perusal of statement of the victim recorded under Section 164 Cr.P.C. as well as medical report, it appears that victim has also been raped by this petitioner and her age has

Patna High Court CR. MISC. No.19448 of 2020(3) dt.13-07-2020 2/2 been assessed to be 16 years.

Considering the aforesaid facts & circumstances, the bail application is rejected.

(Prabhat Kumar Singh, J.) anay U T