Patna High CourtCR. MISC./45030/2018rejected

Braj Kishore Singh @ Brij Kishore Singh @ Bijan Singh v. The State Of Bihar

2018-08-20Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.45030 of 2018 (3) dt.20-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45030 of 2018 Arising Out of PS.Case No. -246 Year- 2018 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Braj Kishore Singh @ Brij Kishore Singh @ Bijan Singh, Son of Late Ananda Singh, resident of Village- Dhatiya Thatiya, P.S.- Kurhani, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 31.05.2018 in connection with Kurhani P.S. Case No. 246 of 2018 for the offence registered under Sections 354(B), 307, 504 and 506/34 of the Indian Penal Code.

The allegation against the petitioner is that he committed rape upon the girl and it was only on cries being raised by her that she was saved from the petitioner.

Learned counsel for the petitioner submits that the entire story is false and fabricated and the petitioner may be extended the privilege of bail.

Learned counsel for the State, after perusal of the case

Patna High Court Cr.Misc. No.45030 of 2018 (3) dt.20-08-2018 diary submits that there is positive evidence against the petitioner of committing offence under the POCSO Act, and he should not be extended the privilege of bail, as the victim girl in her statement under Section 164 Cr.P.C. reiterated, as stated in the first information report.

In view of the aforesaid facts and circumstances of the case, I am not inclined to granted regular bail to the petitioner. It is, accordingly, rejected.

Let the trial of the case be expedited.

(Anjana Mishra, J) Jagdish/- U T