Mahavir Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 37626 of 2022 Arising Out of PS. Case No.-273 Year-2022 Thana- DIGHA District- Patna ====================================================== Mahavir Thakur Son of Late Jagarnath Thakur Resident of village - Ghusuk Tola, P.S.- Digah, District - Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Sharda Kumari., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-11-2022 Upon repeated call no one appeared on behalf of the petitioner.

Learned counsel for the State appeared.

It has been submitted by the learned counsel of the State that in the present case, the offences of Excise Act in addition to outraging the modesty of a minor girl as well as POCSO Act are there.

Learned counsel for the State submits that from the content of the F.I.R., it transpires that the petitioner after taking wine, tried to outrage the modesty of a minor girl aged about 11 years, who was coming from school after attending her classes. Case diary is present in the record, in which the allegation was supported by the witness and the statement of Section 164 of Cr.P.C. has also been annexed in this case, in

Patna High Court CR. MISC. No. 37626 of 2022(3) dt.25-11-2022 2/2 which the victim girl has supported the allegation made in the F.I.R.

In the present facts and circumstances of this case and upon going through the F.I.R. and contents of the allegation made in the case diary and the statement made under Section 164 of Cr.P.C., I am not inclined to grant bail to the petitioner, therefore, the bail application is hereby rejected. (Dr. Anshuman, J.) ashishsingh/- U T