Patna High CourtCR. MISC./38612/2021bail rejected

Chandan Kumar v. The State Of Bihar

2021-09-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38612 of 2021 Arising Out of PS. Case No.-204 Year-2020 Thana- NARHATT District- Nawada ====================================================== CHANDAN KUMAR S/o Ramanugrah Singh R/o village- Daulatpura, P.S.- Sitamarhi (Narhat), District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 376, 511, 448, 504, 506/34 of the Indian Penal Code and u/s 8 of the POCSO Act. As per the prosecution case, this petitioner is alleged to have tried to outrage the modesty of the informant and when grand parents of the victim protested, this petitioner along with other accused persons abused and threatened them. Learned counsel appearing for the petitioner submits that the informant was having love affairs with petitioner and when the family members of informant came to know about this fact, they filed this false case against this petitioner. It is further submitted that the parties have compromised the case and compromise petition has already been filed before the court

Patna High Court CR. MISC. No.38612 of 2021(2) dt.24-09-2021 2/2 (Annexure-3 to the bail petition) below. Petitioner is in custody since 08.01.2021 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail and submits that there is direct and specific allegation against this petitioner that he tried to outrage the modesty of the informant. The informant, who is a minor, in her statement u/s 164 of the Cr. P. C. supported the prosecution case.

Considering the facts and circumstances of the case and the nature of accusation against this petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T