← Library
Patna High CourtCR. MISC./33777/2023dismissed

Abhishek Kumar v. The State Of Bihar

2023-08-25Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33777 of 2023 Arising Out of PS. Case No.-682 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== ABHISHEK KUMAR Son of Mr. Raj Kumar @ Pintu Yadav Resident of Village- Bala Thakur, PS- Naubatpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-08-2023 Heard Mr. Ajay Kumar Thakur, learned Counsel for the petitioner and learned APP for the State. The petitioner is an accused in connection with Naubatpur P.S. Case No. 682 of 2022 registered for the offences under section 376(D) of the Indian Penal Code, section 4 of the POCSO Act and section 67 of the Information Technology Act lodged on 12.10.2022 by the informant, Preeti Kumari. As per the prosecution story, the minor victim girl has alleged that the Abhishek Kumar, son of Raj Kumar @ Pintu Yadav and another Abhishek Kumar, son of Anesh Yadav intercepted her, took her near the orchard of one Fonu Singh and not only raped her, made photograph/video. Accordingly, the FIR.

Earlier, a case diary as also statement of the victim

Patna High Court CR. MISC. No.33777 of 2023(6) dt.25-08-2023 2/2 girl under section 164 of the Cr.P.C. was called for by a coordinate bench, which has since been received, the statement is in the sealed cover as per it, the girl had narrated her ordeal as also even after the occurrence they kept on threatening and ultimately allegation is of making the video viral. Considering the kind of allegation that has come against the petitioner, Abhishek Kumar son of Raj Kumar @ Pintu Yadav, this Court is not inclined to extend him privilege of bail, which is accordingly rejected.

The Trial Court is directed to expedite the Trial. (Rajiv Roy, J) Neha/- U T