Patna High CourtCR. MISC./28553/2023rejected

Shashi Kumar @ Shashikant Kumar @ Shashi Kumar Yadav v. The State Of Bihar

2023-07-26Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28553 of 2023 Arising Out of PS. Case No.-398 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== SHASHI KUMAR @ SHASHIKANT KUMAR @ SHASHI KUMAR YADAV s/o- Satyendra Yadav Resident of village- Khairi Itwa, P.S. Kasma, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-07-2023

1. Heard Mr. Krishna Prasad Singh, learned Senior counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 29.11.2022 in connection with Rafiganj P.S. Case No. 398/2022, dated 08.11.2022, for the offence punishable under Sections 366A/34 of the IPC.

3. According to prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant and the parents of the petitioner also assisted him in the present occurrence.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.28553 of 2023(3) dt.26-07-2023 2/2 implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and submits that the allegation as alleged in the F.I.R. is supported by the statement of the victim, which was recorded under Section 164 Cr.P.C., in which she has categorically stated that the petitioner has committed rape upon her. Apart from that medical report also supports the allegation as alleged in the F.I.R.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Rafiganj P.S. Case No.398/2022, pending in the Court of learned Additional District and Sessions Judge-cum-Special Exclusive Judge (POCSO), Aurangabad.

7. Prayer is refused.

(Rajesh Kumar Verma, J) amit/- U T