Patna High CourtCR. MISC./35759/2024rejected

Akash Kumar v. The State Of Bihar

2024-07-31Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35759 of 2024 Arising Out of PS. Case No.-33 Year-2023 Thana- MAHILA PS District- East Champaran ====================================================== Akash Kumar S/O Subhash Sah Resident Of Village Bahadurpur, P.S.- MEHSI, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with POCSO Trial No 81 of 2023 arising out of Mahila P.S Case No. 33 of 2023 from the Court of learned 7th Additional Sessions Judge-cum-Special Judge POCSO Act, East Champaran, Motihari registered for the offences punishable under Section 323, 341, 376(AB) of the I.P.C, Section 4 & 6 of POCSO Act and Section 3(i)(r)(s), 3(2)(va) of SC/ST Act.

3. As per allegation in the FIR, it is alleged that petitioner took the minor daughter of the informant with himself and outraged her modesty.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.35759 of 2024(3) dt.31-07-2024 2/2 petitioner has falsely been implicated in this case. It is also submitted that petitioner is in judicial custody since 29.05.2023 and petitioner has got no criminal antecedent as stated in para 3 of the bail petition.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner and submitted that allegation against accused-petitioner is heinous.

6. On perusal of the FIR, Case diary and impugned order dated 06.01.2024 it appears that allegation against accused petitioner is very serious which has been corroborated by victim in her statement under Section 164 Cr.P.C Medical Officer has also found bite marks on victim's chest. Victim as per medical report is below five years of age.

7. Considering the aforesaid facts and circumstances of the case this Court is not inclined to grant bail to the petitioner. Hence, prayer for regular bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Mayank/- U T