Sagar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25617 of 2020 Arising Out of PS. Case No.-58 Year-2020 Thana- JALE District- Darbhanga ====================================================== Sagar Kumar, Male, aged about 20 years, S/o- Mahesh Sahani, Resident of Village- Malikpur, P.S.- Jalley, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Nath Jha, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with POCSO g.r. Case No.20 of 2020 arising out of Jalley P.S. Case No. 58 of 2020 registered for the offences punishable under Sections 354(D) and 376(D) of the Indian Penal Code and Sections 4/6 of the POCSO Act.

As per F.I.R., it is alleged that on 24/25.04.2020 at 10.00 P.M., informant, who is aged about 16 years had gone to sleep at grand mother's house. In the way near Manrega Bhawan accused Murari Kumar, Indrajeet Das were listening vulgar song and when she proceeded further and reached near the house of Murari, he closed her mouth from his hand and Indrajeet caught her hand and pulled her near the orchard of

Patna High Court CR. MISC. No.25617 of 2020(6) dt.24-03-2021 2/3 Dhyani Das. Accused Sagar Kumar, Ashok Kumar and Rohan Kumar also came there and they all tied her mouth with the cloth and all the five accused persons committed rape upon her one by one.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in the present case due to grudge, enmity and village politics. He further submits that the allegations are baseless, concocted and false. He further submits that the petitioner is a permanent handicapped person. Petitioner is in jail custody since 18.05.2020 and petitioner has got no any criminal antecedent.

Learned A.P.P. for the State opposed the bail petition. I have perused the record along with the case diary. The statement of the victim has been recorded under Section 164 Cr.P.C., who supported the prosecution case. There is direct and specific allegation against the petitioner that he along with co-accused has committed rape upon the victim. In the facts and circumstances of the case, I am not inclined to enlarge the above named petitioner on bail. Accordingly, the prayer for bail of the above named petitioner in connection with POCSO G.R. Case No.20 of 2020 arising out of

Patna High Court CR. MISC. No.25617 of 2020(6) dt.24-03-2021 3/3 Jalley P. S. Case No.58 of 2020 pending in the court of learned 1st Additional Sessions Judge-cum-Special Judge (POCSO Act), Darbhanga is hereby rejected.

(Anjani Kumar Sharan, J) Nasimul/- U T