Indrajeet Rai @ Viru Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36390 of 2021 Arising Out of PS. Case No.-364 Year-2020 Thana- GORAUL District- Vaishali ====================================================== INDRAJEET RAI @ VIRU RAI Son of Kuna Rai Resident of Village - Kiratpur, Rajaram, P.S.- Bhagwanpur, District - Vaishali, Bihar. ... ... Petitioner.
Versus
The State of Bihar ... ... Opposite Party.
====================================================== Appearance :
For the Petitioner :
Mr. Prakash Chandra, Advocate.
For the State :
Mr. Md. Mushtaque Alam, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 06-01-2022 The applicant/accused in Crime No.364 of 2020 registered with Police Station-Goroul for the offences punishable under Sections 448, 376 and 511 of the Indian Penal Code as well as under Sections 8, 12 and 18 of the POCSO Act, by this application is seeking his release on bail during the pendency of the trial.
Heard learned counsel appearing for the applicant/ accused. He submits that the applicant is running a tea stall near the hut of the first informant/female child and to stop the applicant from doing this work, he is falsely implicated. It is further argued that in fact the first informant is major. Learned A.P.P. opposed the application.
I have considered the submissions so advanced and also perused the materials placed before me.
Patna High Court CR. MISC. No.36390 of 2021(2) dt.06-01-2022 2/2 It is averred by the female child that her age is 17 years. It is further averred by her that in the night hours of 15.09.2020, she herself and her younger brothers were sleeping in the house as her mother had gone to the place of her aunt. It is further averred by her that the applicant entered in her house and attempted to commit rape on her. However, she with the help of her brothers resisted and made hue and cry calling the neighbours.
Considering the nature of offence and the manner in which it has been committed no case for grant of bail to the applicant is made out. The application is rejected.
(A. M. Badar, J) P.S./- U T