Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39202 of 2021 Arising Out of PS. Case No.-267 Year-2020 Thana- BEUR District- Patna ====================================================== Rohit Kumar Son of Lal Mohan Rai Resident of Mohalla- Lodipur, P.S.- Shahpur, District- Patna, at present Village- Chilbilli, P.S.- Beur, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvan Kumar For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

01-10-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Special (POCSO) Case No. 186 of 2020, arising out of Beur P.S. Case No. 267 of 2020, registered for the offence under Section 376 (AB) of the Indian Penal Code, Section 4 / 6 of the POCSO Act and Section 2 / 3 (2)(v) of the SC & ST Act.

As per the prosecution case, this petitioner committed rape upon the minor daughter of the informant. It is submitted on behalf of petitioner that though, there is allegation of committing sexual assault against this petitioner, but the medical report does not support the prosecution case. The doctor has not found any injury on the private part of the victim. During course of investigation, the

Patna High Court CR. MISC. No.39202 of 2021(2) dt.01-10-2021 2/2 victim has not been examined under Section 164 Cr.P.C. and petitioner is in custody since 14.10.2020.

However, learned State counsel has vehemently opposed the bail petition and submitted that there is direct and specific allegation against the petitioner of committing rape upon the minor daughter of the informant.

Considering the nature and gravity of the offence, the bail petition of petitioner stands dismissed. (Prabhat Kumar Singh, J.) anay U T