Mohan Mishra @ Baba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37436 of 2020 Arising Out of PS. Case No.-170 Year-2020 Thana- DELHA District- Gaya ====================================================== MOHAN MISHRA @ BABA aged about 55 years son of Late Akhileshwar Mishra Resident of Mohalla- Gautam Buddha Colony, Road No-1, Gaya, P.S.- Delha, District- Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-02-2021 Heard learned counsel for the petitioner as well as learned counsel for the State through video conferencing. The petitioner seeks bail in POCSO Case No.87/2020, Delha Police Station Case No. 170/2020 registered for the offences punishable under sections 376/34 of the Indian Penal Code and sections 4, 8 and 12 of the POCSO Act. As per the prosecution case, the petitioner on the pretext of purchasing cloths, took the victim in Krishna Hotel and committed rape on her.

Learned counsel for the petitioner submits that the petitioner is a victim of false implication due to old dispute regarding Gali and Nali. The doctor has not fond any sign of rape. Petitioner has got no criminal antecedent and he is in

Patna High Court CR. MISC. No.37436 of 2020(2) dt.02-02-2021 2/2 custody since 1.8.2020.

Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner that he committed rape on the minor girl. In view of the specific allegation against the petitioner, prayer for bail of the petitioner is refused. (Prabhat Kumar Singh, J) Shashi U T