Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28469 of 2020 Arising Out of PS. Case No.-177 Year-2020 Thana- PIPRA District- East Champaran ====================================================== RAJA KUMAR aged about 25 years Son of Lala Bahadur Das Resident of Village- Bairia, P.S.- Pipra, District- East Champaran. ... Petitioner

Versus

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

For the Petitioner :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party :

Mr. Bharat Bhushan, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-11-2020 Heard learned counsel for the petitioner as well as learned counsel for the State through video conferencing. The petitioner seeks bail in Pipra Police Station Case No. 177 of 2020 registered for the offences punishable under sections 363, 366A of the Indian Penal Code and sections 8 and 12 of the POCSO Act.

The informant in her FIR has alleged that the petitioner kidnapped her 14 years old daughter when she had gone out to cut the grass on 26.5.2020 at 5 pm. Learned counsel for the petitioner submits that the petitioner is a victim of false implication due to political rivalry. There is delay of three days in lodging of the FIR without explanation. Petitioner has got no criminal antecedent and he is in custody since 30.5.2020.

Learned counsel for the State opposes the prayer for bail and submits that the victim in her section 164 Cr.P.C. statement has alleged that the petitioner took her in the room of brick kiln and committed rape. Medical Board has assessed her age to be 16 years.

In view of the nature as well as the gravity of the

Patna High Court CR. MISC. No.28469 of 2020(2) dt.11-11-2020 2/2 offence alleged in the FIR, prayer for bail of the petitioner is refused.

(Prabhat Kumar Singh, J) Shashi U T