Dhananjay Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37249 of 2024 Arising Out of PS. Case No.-132 Year-2022 Thana- MAHILA P.S. District- Patna ====================================================== Dhananjay Sharma Son of Late Raj Balav Sharma Resident of VillageNadauna, P.S.- Bhagwanganj, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Renu Kumari Wife Of Amit Kumar R/V- Sugawn, P.S.- Tehta (O.P.) Makhdumpur, Distt.- Jehanabad At Present C/O- Dindayal Saw, Munachauk, P.S.- Patrakar Nagar.

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

For the Petitioner/s :

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

Mr. Jagdhar Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Mahila P.S. Case No. 132 of 2022 lodged on 30.10.2022 under Sections 342 and 376AB of the Indian Penal Code and Section 4 of the POCSO Act.

3. As per the prosecution case, the FIR has been lodged against the petitioner alleging therein that he has committed rape upon the minor daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner and the informant both are working privately at the

Patna High Court CR. MISC. No.37249 of 2024(3) dt.26-07-2024 2/2 same place and both are residing in the same rented house. The acquisition has been levelled falsely against the petitioner, the antecedent of the petitioner is clean and he is in custody since 31.10.2022.

5. Learned counsel for the State opposes the prayer for bail and submits that the acquisition is specific against the petitioner that he is committed rape upon the minor daughter of the informant.

6. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Mahila P.S. Case No. 132 of 2022, pending before the learned Additional District Judge- VIth-cumSpecial Judge, POCSO, Patna is hereby rejected.

8. However, the trial Court is directed to expedite the trial.

(Dr. Anshuman, J.) Ashwini/- U T