Patna High CourtCR. MISC./43590/2023rejected

Shailesh Kumar v. The State Of Bihar

2023-08-28Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43590 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- BARAULI District- Gopalganj ====================================================== Shailesh Kumar S/O Madan Sah R/O Village- Kotawa, P.S. Barauli, Dist. Gopalganj ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yogendra Tiwari, Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 24.02.2023 in connection with Barauli P.S. Case No. 81 of 2023, F.I.R. dated 23.02.2023 registered for the offence punishable under Sections 376(AB) of the Indian Penal Code and Section 4/6 of POCSO Act.

3. Allegation against the petitioner is that he took the daughter of the informant to home and raped her.

4. Learned counsel appearing for the petitioner submits that the petitioner clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR.

Patna High Court CR. MISC. No.43590 of 2023(3) dt.28-08-2023 2/2

5. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim under Section 164 Cr.P.C. was recorded in which she has categorically stated that the petitioner has forcefully committed rape upon her and the medical report also supports the allegation as alleged in the FIR and the victim was only aged about 06 years.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Barauli P.S. Case No. 81 of 2023 pending in the court of learned Additional Sessions Judge-VI-cum-Special Judge, POCSO, Gopalganj.

7. Prayer is refused.

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