Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37256 of 2024 Arising Out of PS. Case No.-47 Year-2023 Thana- NAUGACHIA MAHILA P.S. DistrictBhagalpur ====================================================== Rohit Kumar Son of Vinod Mandal Resident of Village - Pokhar Tola Telghi, P.S.- Kharik, District - Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Amit Kumar Son of Renu Sah Resident of Village - Pokhar Tola Telghi, P.S.- Kharik, District - Bhagalpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Naugachia Mahila P.S. Case No. 47 of 2023, lodged under Sections 376, 504, 506 and 34 of the I.P.C. read with Section 4 of the Protection of Children from Sexual Offences Act, 2012.

3. As per the prosecution case, the petitioner is accused of committing rape with the victim, who is minor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 05.12.2023 having one criminal antecedent of similar nature. The petitioner is ready to fulfill all

Patna High Court CR. MISC. No.37256 of 2024(5) dt.18-09-2024 2/2 the conditions whatsoever shall be imposed upon him by the Court.

5. Learned A.P.P. for the State opposes the prayer for bail and submits that the offences under which the petitioner has been made accused are serious in nature.

6. Considering the fact that the petitioner is said to have committed rape with the victim which has been supported by her statement recorded under Section 164 of the Cr.P.C., I am not inclined to grant bail to the petitioner and therefore, the present bail application is hereby rejected.

7. If the trial is delayed by the prosecution, the petitioner may renew his prayer for bail.

(Sandeep Kumar, J) sadique/- U T