Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27918 of 2020 Arising Out of PS. Case No.-18 Year-2020 Thana- PATNA GRP CASE District- Patna ====================================================== Dharmendra Kumar, S/o Suresh Prasad, Resident of Village-Chero Ward No.10, P.S.-Harnaut, District-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satrudhan Kumar, Advocate For the Opposite Party/s :

Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-01-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with G.R.P. Patna Case No.18 of 2020 registered for the offence punishable under Sections 354, 354A of the I.P.C. and Section 8 of the POCSO Act, which is pending in the court of learned Additional Sessions Judge 1st, Patna. The allegation against the petitioner is that he has tried to take undue advantage physically of the minor while she was sleeping on the platform at the Station. Learned counsel for the petitioner submits that the petitioner is now in custody since about one year and that it is a case of false implication.

Learned APP submits that the victim in her

Patna High Court CR. MISC. No.27918 of 2020(8) dt.18-01-2021 2/2 statement recorded under Section 164 Cr.P.C. has supported the allegation. It is further submitted that from the F.I.R. itself, it is apparent that the petitioner has been apprehended from the platform itself. The victim was merely nine years old.

Having considered the rival submissions, this Court, for the present, is not inclined to allow the petitioner's prayer for bail. The same is rejected. This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T