Shyam Sundar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52589 of 2021 Arising Out of PS. Case No.-176 Year-2021 Thana- RAJNAGAR District- Madhubani ====================================================== Shyam Sundar Sharma, Son of Yogendra Thakur @ Yogendra Sharma Resident of Village - Raima, Police Station - Saharghat, District - Madhubani, At present Patbara Chowk, Police Station - Rajnagar, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Soban Asghar, Adv.

For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner and the learned APP.

The petitioner is in custody in connection with Rajnagar P.S. Case No.176 of 2021 (G.R. No.44 of 2021) under Sections 376, 504, 506 of the Indian Penal Code and Section 4 of the POCSO Act,2012.

As per the FIR, the victim girl Pooja Kumari alleged that as she was indisposed and was not getting cured by the Doctor; her family members took her to the petitioner's shop who use to cure people through his 'Jharphook'. The victim lady further stated that the petitioner was in an inebriated state; he took her behind the shop in the name of treatment and raped her. He also threatened the victim girl that if she discloses this to anyone she will be killed. When she informed her family members about the incident they went to

Patna High Court CR. MISC. No.52589 of 2021(2) dt.04-04-2022 2/2 the petitioner's place to confront him, he threatened to kill everyone through his 'Mantras'. He was assaulted by the local people and subsequently he was arrested, that led to the lodging of the case in hand.

Considering the gravity of the offence that has been attributed to the petitioner herein, I am not inclined to grant privilege of bail to him, which is accordingly rejected. (Rajiv Roy, J) Prakash Narayan /- U T