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Patna High CourtCR. MISC./42873/2017dismissed

Manjeet Ram v. The State Of Bihar

2017-09-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42873 of 2017 Arising Out of PS.Case No. -34 Year- 2017 Thana -MAHILA P.S. District- BHABHUA (KAIMUR) ====================================================== Manjeet Ram, son of Shiv Narayan Ram, resident of Village- Deorarh, P.S.- Kudra, District- Kaimur (Bhabua).

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Sunil For the Opposite Party/s : Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Mahila (Bhabua) P.S.Case No. 34 of 2017 registered for the offences punishable under Sections 376 of the Indian Penal Code and 4 of POCSO Act.

Allegation against the petitioner is of committing rape upon the victim girl and further it appears from the record that in her statement under Section 164 Cr.P.C. the victim has named this petitioner.

Submission of learned counsel for the petitioner is that petitioner is neighbour and in spite of that he has been named as Majid not Manjeet and, as such, he has falsely been implicated in this case and he is in custody since 21.5.2017.

Patna High Court Cr.Misc. No.42873 of 2017 (2) dt.18-09-2017 2/2 Heard learned APP and learned counsel for the informant. They have opposed the prayer for bail. Having heard both sides and in view of the statement of victim girl, I am not inclined to grant bail to the petitioner. However, petitioner may renew his prayer for bail after framing of charge in this case before the court below itself, who will consider the entire materials on record and will pass appropriate order.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U