Patna High CourtCR. MISC./28229/2022bail rejected

Raj Kumar @ Raj @ Raj Kumar Yadav v. The State Of Bihar

2023-05-04Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28229 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- TARAPUR District- Munger ====================================================== RAJ KUMAR @ RAJ @ RAJ KUMAR YADAV SON OF LATE UTTAM YADAV, R/O VILLAGE- BANSHIPUR, P.S.- TARAPUR, DISTRICTMUNGER. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Devendra Kumar Pandey For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-05-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Tarapur P.S. Case No. 10/2022, registered for offence punishable under section 376(2)(n) of the Indian Penal Code section 4 of the POCSO Act.

As per allegation, the petitioner developed intimacy with the victim girl, who is minor, and thereafter committed rape upon her.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.28229 of 2022(7) dt.04-05-2023 2/2 that the FIR shows itself that the victim went to the petitioner herself. There was intimacy between them and the petitioner is not guilty for the offence of rape, as sexual relation was consensual.

On the other hand, the learned APP has opposed the prayer for bail and has submitted that the trial is going on, the witnesses are regularly examined and there is every likelihood of conclusion of the trial within a period of six months. Presently the prayer for bail of the petitioner is rejected with the observation that if the trial is not concluded within a period of six months, he, if so advised, may renew his prayer for bail.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T