Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37898 of 2024 Arising Out of PS. Case No.-402 Year-2023 Thana- MEHSI District- East Champaran ====================================================== 1.

Pintu Kumar S/o Awadesh Pandit R/o vill - Ghasiyari Chak, P.S. - Mehsi, Distt. - East Champaran 2.

Manoj Kumar Paswan S/o Naga Paswan R/o vill - Ghasiyari Chak, P.S. - Mehsi, Distt. - East Champaran ... ... Petitioners

Versus

1.

The State of Bihar 2.

Anita Devi W/o Vijay Sah R/o vill - Ghasiyari Chak, ward no. 3, P.S. - Mehsi, Distt. - East Champaran ... ... Opposite Partys ====================================================== Appearance :

For the Petitioner :

Mr. Dhurendra Kumar For the Opposite Party :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Mehsi P.S. Case No. 402/2023 dated 17.12.2023 registered for the offence punishable u/s 376 and 376DA of the Indian Penal Code and Sections 3 and 4 of the POCSO Act.

3. As per the prosecution case, the petitioners are alleged to have committed rape on the informant's minor daughter who is deaf and dumb one after another.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Learned counsel has submitted that the statement of the victim was recorded u/s 164 of the Cr.P.C. with

Patna High Court CR. MISC. No.37898 of 2024(6) dt.25-09-2024 2/2 the help of special interpreter and her videography was also held and the victim girl claimed to identify the accused persons by seeing them but when T.I.P. of the petitioners were held, the victim failed to identify them. The petitioner no. 1 is accused in one more criminal case whereas the petitioner no. 2 has clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 18.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners by submitting that the victim is a minor girl. The victim in her statement recorded under Section 164 of the Cr.P.C. has supported the prosecution case.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioners, this Court is not inclined to grant bail to the petitioners and the same is rejected in connection with Mehsi P.S. Case No. 402/2023 pending in the court of learned Special Judge, POCSO Act, Motihari, East Champaran.

7. This application stands rejected.

(Chandra Prakash Singh, J) atul/- U T