Chandan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.51291 of 2016 (4) dt.03-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51291 of 2016 Arising Out of PS.Case No. -184 Year- 2016 Thana -HASPURA District- AURANGABAD ======================================================

1. Chandan Kumar S/o Sunil Kumar R/o Village Dumra, P.S. Haspura, District Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Sri Krishna Pd. Singh Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-02-2017 Heard the parties.

This application has been filed in connection with Haspura p.s.Case No.184 of 2016 for the offence under Sections 376, 354, 341, 342,323, 504 and 506/34 of the Indian Penal Code and Section 4 of POCSO Act.

It has been submitted on behalf of the petitioner that only allegation against the petitioner is that he was posing himself as policeman committed rape upon the victim girl but the FIR itself shows that he was known to the victim as such the identification is doubtful and he has remained in custody for about three months.

Heard learned A.P.P. also, who has opposed the prayer for

Patna High Court Cr.Misc. No.51291 of 2016 (4) dt.03-02-2017 bail and further the statement of the victim girl made under Section 164 Cr.P.C. also stated about this petitioner that he has committed rape.

Having heard both sides. In view of the allegation, I am not inclined to grant bail to the petitioner. As such, his prayer for bail is dismissed.

(Vinod Kumar Sinha, J) chn/- U