Aman Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36235 of 2020 Arising Out of PS. Case No.-14 Year-2020 Thana- MAHILA P.S. District- Munger ====================================================== Aman Sharma, aged about 21 years, Male, S/o Ashok Sharma R/o VillageMadhhopur, P.S.- Kotwali, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indu Bhushan, Adv.

For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-04-2021 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Mahila P.S. Case No. 14 of 2020, POCSO Case No. 35 of 2020 registered for offences under sections 376/511/354(A)/448/506 of the Indian Penal Code and Section 8 of the POCSO Act.

In this case, the girl, who is 13 years of age, has made a complaint stating therein that her modesty has been ravaged by the present petitioner.

The victim girl has also made her statement under Section 164 of the Cr.P.C. wherein she has given full details of the incident.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.36235 of 2020(7) dt.09-04-2021 2/2 there is a land dispute with the family members of the girl and, for that, the mother of the petitioner has filed an application before the District Legal Service Authority.

It is an admitted fact that the father of the petitioner is an employee of the Civil Court, Munger and in this bail application, no such details of the land dispute has been given, inasmuch as, the petitioner has not brought any material to show that any civil suit or criminal case is pending in between the parties. In that view of the mater, the plea taken by the petitioner is not acceptable.

Looking to the entire facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial.

(Shivaji Pandey, J) rishi/- U T