Vikash Thakur @ Vayas Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44563 of 2022 Arising Out of PS. Case No.-334 Year-2021 Thana- PAROO District- Muzaffarpur ====================================================== Vikash Thakur @ Vayas Thakur, S/o Jagarnath Thakur R/o village- Paroo, Babu Tola, P.S.- Paroo, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376 of the Indian Penal Code and Section 4/8 of Protection of Children from Sexual Offences Act.

According to the prosecution case, the petitioner is said to have committed rape upon the minor daughter of the informant.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in this case. He further submits that the petitioner was the guarantor of the loan taken by the informant. He further submits that in fact the informant herself wanted to compromise

Patna High Court CR. MISC. No.44563 of 2022(5) dt.16-03-2023 2/2 the case but when she failed, she brought this case afterthought. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that during investigation the statement of the victim girl under Section 164 Cr.P.C. was recorded in which she has categorically stated that the petitioner has committed rape upon her.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Paroo P.S. Case No. 334 of 2021 pending in the court of learned Additional District & Sessions Judge VII-Cum-Special Court, POCSO Act (West), Muzaffarpur.

Prayer is refused.

(Rajesh Kumar Verma, J) kamlesh/- U T