Dayanand Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32168 of 2023 Arising Out of PS. Case No.-2 Year-2022 Thana- MAHILA P.S. District- Araria ====================================================== DAYANAND RAM s/o CHANDAN RAM Resident of village- Bhargama Ward No. 07 P.S. Bhargama District Araria Bihar Pin 854334 ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 376/34 of the Indian Penal Code and section 4 of the POCSO Act.

3. As per the prosecution case, on the false promise of marriage, victim was subjected to repeated sexual assault by the petitioner. Accused persons demanded Rs.2 lacs and a motorcycle in lieu of marriage.

4. Learned counsel appearing for the petitioner submits that parents of the victim forcibly married the petitioner with informant and on protest, they lodged the present false case. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the prayer

Patna High Court CR. MISC. No.32168 of 2023(3) dt.03-08-2023 2/2 for bail. He submits that girl in her 164 Cr.P.C. statement has supported the prosecution case. During investigation, witnesses have also supported the case.

6. Considering the nature of accusation and 164 Cr.P.C. statement of the victim, prayer for bail of the petitioner is rejected.

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