Ramadhar Chaurasiya @ Ramswaroop Sharan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48629 of 2021 Arising Out of PS. Case No.-89 Year-2021 Thana- BHAGWANPUR District- Begusarai ====================================================== Ramadhar Chaurasiya @ Ramswaroop Sharan Son of Late Narayan Mahto @ Narayan Chaurasia Resident of Village- Banwaripur, P.S.- Bhagwanpur, District- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Ms. Renu Kumari, A.P.P.

For the Informant :

Mr. Ravi Shanker Sahay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-05-2022 Heard learned counsel for the petitioner and learned counsel for the Informant as well as learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in a case registered for the offences punishable under Sections 365, 366 of the Indian Penal Code.

According to prosecution case, one Kanchan Devi wife of Mukesh Sah has lodged her written report to the S.H.O. of Bhagwanpur police station on 23.04.2021 in which she has stated that one Ramadhar Chaurasiya son of Late Narayan

Patna High Court CR. MISC. No.48629 of 2021(5) dt.09-05-2022 2/3 Mahto who runs Shanti Gurukul Raghwendra Ashram at Village Banwaripur has enticed her daughter on 21.04.2021 and taken away her daughter to somewhere the informant has further disclosed the mobile which belongs to Ramadhar Chaurasiya. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that there is no eye witness of the alleged occurrence and the date of occurrence is of 21.04.2021 but the present F.I.R. has been instituted on 23.04.2021 after delay of two days without any explanation. He further submits that the date of birth of the victim is 01.01.2002 and as on date of occurrence she was 19 years old. The petitioner is in custody since 11.05.2021.

The learned counsel for the Informant and learned A.P.P. have vehemently opposed the prayer for bail of the petitioner and submits that statement of the victim girl was recorded under Section 164 Cr.P.C. in which she also supported the allegation as alleged in the F.I.R. and the medical report also suggests that on the basis of medical examination, attempt to sexual assault found.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Bhagwanpur

Patna High Court CR. MISC. No.48629 of 2021(5) dt.09-05-2022 3/3 P.S. Case No. 89 of 2021 pending in the court of learned Chief Judicial Magistrate, Begusarai.

Prayer is refused.

(Rajesh Kumar Verma, J) mdrashid/- U T