Vinod Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23238 of 2020 Arising Out of PS. Case No.-606 Year-2018 Thana- MASAUDHI District- Patna ====================================================== Vinod Manjhi Son of Kariman Manjhi Resident of Village - Charma, P.S.- Masaurhi, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rina Sinha For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-12-2020 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Spl. (POCSO) Case No. 163 of 2018, arising out of Masaurhi P.S. Case No. 606 of 2018, registered for the offence under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.

As per the prosecution case, this petitioner assaulted the victim and committed rape with her.

It is submitted on behalf of petitioner that no such occurrence has taken place. Petitioner has been falsely implicated in this case due to village politics and he is in custody since 23-08-2019.

However, counsel for the State opposed the bail application and submitted that prosecution case has been duly

Patna High Court CR. MISC. No.23238 of 2020(4) dt.01-12-2020 2/2 supported by the statement of the victim girl recorded under Section 164 Cr.P.C. and as such, charge has already been framed against the petitioner.

Considering the aforesaid facts and circumstances as well as nature of allegation, I am not inclined to grant bail to the petitioner and accordingly, it is rejected.

(Prabhat Kumar Singh, J.) anay/- U T