Pramod Upadhya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61600 of 2018 Arising Out of PS. Case No.-43 Year-2018 Thana- NARAINPUR District- Bhojpur ====================================================== Pramod Upadhya son of Babunand Upadhya, resident of vilalge Maranpur, P.S.Narayanpur, District Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh For the Opposite Party/s :

Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2018 Heard the parties.

This application is for grant of regular bail in connection with Narayanpur P.S.Case NO.43 of 2018 for the offences under Sections 376(2)(i) of the Indian Penal Code. Allegation against the petitioner is of committing rape upon the minor daughter of the informant.

Submission of the learned counsel for the petitioner is that though the FIR shows that she was aged about 7 years and the medical report shows her age between 12-13 years and the place of occurrence is different, which will appear from the materials collected during the course of investigation and he has been falsely implicated in this case.

Heard learned A.P.P. also, who has opposed the prayer for bail stating that the girl has supported the prosecution case in

Patna High Court Cr.Misc. No.61600 of 2018(3) dt.22-11-2018 2/2 her statement recorded under Section 164 Cr.P.C. and medical report also supports the same.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T