Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24452 of 2020 Arising Out of PS. Case No.-19 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== DHARMENDRA KUMAR Son of Ram Ashish Thakur Resident of Manpura, P.S. Patliputra, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-09-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Special Case no. 39 of 2019 arising out of Mahila P.S. Case no. 19 of 2019 instituted for the offence under Section(s) 376 (A & B) of the Indian Penal Code and Section 6 of the POCSO Act.

The petitioner's prayer for bail was earlier rejected by this

Patna High Court CR. MISC. No.24452 of 2020(3) dt.25-09-2020 2/2 Court under order dated 27.09.2019 passed in Cr. Misc. no. 42147.

The case is under Section 376 (A & B) of the Indian Penal Code and Section 6 of the POCSO Act.

Allegations in the First Information Report are that the informant's wife along with two other ladies have barged into the room, where the petitioner was committing obscene act, and caught him in suspicious circumstances, where the two victim girls were standing by the side.

The offences are of very heinous nature and the statements of the victims have also been recorded in the investigation supporting the prosecution case. It is submitted that the petitioner is in custody since 06.03.2019.

Considering the rival submissions, this Court, for the present, is not inclined to grant bail to the petitioner. The same is rejected.

(Madhuresh Prasad, J) shyambihari/- U