Sudhir Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26055 of 2016 Arising Out of PS.Case No. -50 Year- 2016 Thana -DORIGANJ District- SARAN ====================================================== Sudhir Sharma, Son of Prabhu Sharma, Resident of village-Musepur, P.S.- Doriganj, District- Saran, Chapra.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-08-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Section 376 of the Indian Penal Code and 3 /4 of the POCSO Act. Allegation against the petitioner is of committing rape upon the victim and also recording video of the same. It has been submitted on behalf of the petitioner that he is in custody since 3.4.2016. Chargesheet has been submitted against the petitioner. Petitioner has got no criminal antecedent. No allegation of tampering of witnesses is alleged against the petitioner. Petitioner has falsely been implicated in the present case. There is admitted enmity between the parties. The alleged occurrence had taken place on 3.3.2016 and F.I.R. has been instituted on 3.4.2016. Delay has not been explained by the prosecution. There is no such video produced by the prosecution as alleged in the F.I.R.

On behalf of the State, it is submitted that there is direct allegation against the petitioner of commission of rape. He has accepted his guilt in his confession before the police which is evident from para-18 of the case diary.

Patna High Court Cr.Misc. No.26055 of 2016 (3) dt.17-08-2016 2/2 Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner, same is rejected at this stage.

(Sudhir Singh, J) sudip/- U T