Prakash Panjiyara @ Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1475 of 2020 Arising Out of PS. Case No.-66 Year-2020 Thana- CHANDAN District- Banka ====================================================== Prakash Panjiyara @ Prakash Kumar Son of Sachin Panjiyara @ Munna Panjiyara, Resident of Village - Sheikhpura, Police Station- Chandan, District- Banka.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ajay Mukherjee For the Respondent/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-10-2020 Heard learned counsel for the appellant and learned counsel for the State through Video Conferencing. In this case, the appellant is seeking regular bail in connection with Banka P.S. Case No. 30 of 2020, arising out of Chandan P.S. Case No. 66 of 2020, registered for offence punishable under section 376 of the Indian Penal Code, section

(4) of POCSO Act and sections 3 (i) (r), 3 (2) (v) (a) of SC/ST (POA) Act.

There is allegation of commission of sexual assault. In the statement recorded under section 164 Cr.PC, the victim has also stated about the commission of sexual assault upon her.

The Court has called for the case diary and on perusal of

Patna High Court CR. APP (SJ) No.1475 of 2020(3) dt.20-10-2020 2/2 same it appears that the prosecution version supports it. The age of victim has been assessed as 17-19 years.

In such view of the matter, it will be treated that the victim is minor.

Looking to the entire facts and circumstances of the case, this Court is not inclined to grant bail to the appellant and accordingly his prayer for setting the impugned order and granting bail is rejected.

(Shivaji Pandey, J) Mahesh/- U T