Ranjeet Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39853 of 2024 Arising Out of PS. Case No.-134 Year-2024 Thana- SAUR BAZAR District- Saharsa ====================================================== Ranjeet Malakar Son Of Anoj Malakar Village- Madhura, Ward No. 4 PsSaur Bazar, Po- Garhia Dist- Saharsa ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kailash Sah @ Kailash Kumar Son Of Puran Sah Village- Madhura, Ward No. 4 Ps- Saur Bazar, Po- Garhia Dist- Saharsa ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP For the Informant :

Mr. Diwakar Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner, learned counsel for the informant, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Saur Bazar P.S. Case No. 134 of 2024, instituted for the offences punishable under Sections 341, 323, 504, 506/34 of the Indian Penal Code and Section 12 of POCSO Act.

3. The prosecution case, in short, is that, the petitioner attempted to commit rape on the minor daughter of the informant aged about four years.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case.

Patna High Court CR. MISC. No.39853 of 2024(3) dt.31-07-2024 2/2 Learned counsel for the petitioner further submitted that there is a case and counter case between the parties. The petitioner and the informant are next door neighbours. The petitioner is in custody since 15.02.2024 and has got no criminal antecedent.

5. Learned counsel for the informant and learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel for the informant also submits that the victim girl and her mother in their statement recorded under Section 164 of Cr.P.C. has levelled specific allegation of vulgarity and attempt to rape against the petitioner. The victim is aged about four years. Learned APP for the State further submitted that after completion of investigation Charge-sheet has been submitted under Sections 341, 323, 376, 511, 504, 506, 34 of the Indian Penal Code and under Sections 8, 12 of POCSO Act. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the nature of accusation against the petitioner and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected.

(Rudra Prakash Mishra, J) Rajorshi/- U T