Patna High CourtCR. MISC./37069/2020dismissed

Kavi Kumar @ Gunjesh Kumar v. The State Of Bihar

2021-03-24Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37069 of 2020 Arising Out of PS. Case No.-9 Year-2020 Thana- MAHILA P.S. District- Samastipur ====================================================== KAVI KUMAR @ GUNJESH KUMAR SON OF RAM SUDEV MAHTO R/O VILLAGE - BISHANPUR, P.S. - MUFFASIL, DISTRICT - SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar, Advocate Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-03-2021 Heard Mr. Karandeep Kumar, learned counsel for the petitioner and Mr. Lalan Kumar, learned APP for the State.

The petitioner seeks bail in connection with T.R. No. 178 of 2020, arising out of Mahila P.S. Case No. 09 of 2020 dated 06.02.2020 instituted for the offences under Sections 376(AB) and 504 of the Indian Penal Code and Section 4 of the POCSO Act.

He is said to have committed rape on the victim.

Learned counsel for the petitioner has submitted that the accusation in the FIR cannot be accepted as he is shown to be the only accused person who had entered the house of the prosecutrix and had

Patna High Court CR. MISC. No.37069 of 2020(3) dt.24-03-2021 2/2 raped her. This, according to the argument of learned counsel for the petitioner is not possible as younger brother of the victim was also present in the house. Apart from this, he has submitted that the victim is a married woman aged about twenty years and therefore, this accusation is false.

Both the grounds raised by the petitioner are not at all acceptable.

Regard being had to the nature of accusation against the petitioner, I am not inclined to grant bail to him notwithstanding the fact that he is in custody since 06.02.2020.

Accordingly, the prayer for bail is rejected. The trial court is directed to expedite and conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order.

(Ashutosh Kumar, J) krishna/- U T