Ashok Singh @ Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 39467 of 2020 Arising Out of PS. Case No.-56 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== ASHOK SINGH @ ASHOK KUMAR Son of Late Naurangi Singh @ Navarangi Singh Resident of Village - Kalopur, P.S.- Paliganj, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Ajay Kumar Thakur, Mr Udbhav, Advocate For the Opposite Party/s :

Ms Meena Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 05-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Mahila Police Station (for brevity PS) Case No 56 of 2019 dated 13.06.2019 instituted for the offence punishable under Section 376 (A) (B) of Indian Penal Code, Sections 4/6 of Protection of Children from Sexual Offences Act and Sections 3 (2) (r) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Informant has alleged that the petitioner has ravished the chastity of her 13 years old daughter. The daughter was found covered in blood and crying and has, thereafter, been taken to the Hospital.

Learned counsel for the petitioner submits that it is a

Patna High Court CR. MISC. No.39467 of 2020(3) dt.05-03-2021 2/2 case of false implication. No occurrence, as alleged in the First Information Report, has taken place. The petitioner was in fact badly assaulted by the present prosecution party and, in order to save their own skin, they have implicated the petitioner in this case. Petitioner is in custody since 04.07.2019. Learned APP has opposed the prayer for bail. It is submitted that the victim, in the course of investigation as well as in her statement under Section 164 of Criminal Procedure Code, has supported the prosecution case. She has stated about the heinous manner in which she has been subjected to the crime and has become unconscious in the process. On coming to know of the heinous crime committed by the petitioner, the local residents have thrashed him. Other witnesses have also supported the occurrence.

Considering the rival submissions and the fact that the victim girl has supported the allegations of ravishing her chastity by the petitioner in a brutal manner, leaving her unconscious and soaked in blood, this Court, for the present, is not inclined to grant bail to the petitioner. Prayer is rejected. (Madhuresh Prasad, J) M.E.H./- U T