Ramfal Singh @ Kanhaiya Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45987 of 2021 Arising Out of PS. Case No.-117 Year-2019 Thana- MARANCHI District- Patna ====================================================== Ramfal Singh @ Kanhaiya Singh S/o Nago Singh R/o village- Sherpur, P.S.- Maranchi, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No2, Advocate For the Opposite Party/s :
Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. The petitioner seeks bail in connection with Special (POCSO) Case No. 211 of 2019 arising out of Maranchi P.S. Case No. 117 of 2019 instituted for the offences under Section 376AB of the Indian Penal Code read with Sections 4, 6 and 8 of the POCSO Act.
Learned counsel for the petitioner submits that the petitioner is in custody since 25.10.2019, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that allegation as alleged by the informant is that on 23.10.2019 her minor daughter aged about eight years was sleeping with her mother-in-law and when the informant found that her daughter
Patna High Court CR. MISC. No.45987 of 2021(2) dt.06-01-2022 2/2 was not on the bed she started searching her. In the meantime, the informant heard alarm of the victim and when she went at the backside of the house, she saw that the accused was committing rape with the victim. It is further alleged that the petitioner succeeded in fleeing away and the minor child's private part was bleeding as such she was taken to Mahatma Gandhi Hospital, Maranchi for treatment.
Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the fact that there is a direct allegation by the mother of the victim against the petitioner of committing rape of her minor daughter, the Court is not inclined to grant bail to the petitioner. His prayer for bail is thus rejected. (Satyavrat Verma, J) Rishi/- U T