Dewanand Hembram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43243 of 2021 Arising Out of PS. Case No.-88 Year-2021 Thana- DHAMDAHA District- Purnia ====================================================== DEWANAND HEMBRAM S/O BABU LAL HEMBRAM @ DULLA HEMBRAM R/o village- Diyara Bishanpur, P.S.- Dhamdaha, District- Purnea ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2022 Heard learned counsel for the petitioner and the State.

The petitioner seeks regular bail in registered for the offences punishable under section 376 of the Indian Penal Code and section 4 of the POCSO Act.

As per the prosecution case, the petitioner committed rape with the minor daughter of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 29.3.2021. Learned counsel for the State opposes the prayer for bail and submits that apart from the direct and specific allegation against the petitioner, the doctor has also found the

Patna High Court CR. MISC. No.43243 of 2021(3) dt.24-02-2022 2/2 sign of rape on the part of the victim.

Considering the nature of accusation against the petitioner, his prayer for bail is refused.

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