Patna High CourtCR. MISC./45619/2023rejected

Chandan Kumar v. The State Of Bihar

2023-08-31Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45619 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- MAHILA PS District- Gaya ====================================================== CHANDAN KUMAR Son of Shravan Bhuiyan @ Shravan Manjhi Resident of village - Salempur (Salipra), P.s. - Pratappur in the district of Chatra (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Anand, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 17.04.2023, in connection with Mahila Thana P.S. Case No. 28 of 2023, F.I.R. dated 15.04.2023 registered for the offences punishable under Sections 376(D), 341, 323, 504, 506, 34 of the Indian Penal Code and Sections 4/6 of the POCSO Act.

3. Allegation against the petitioner is that he committed rape upon the victim.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.

Patna High Court CR. MISC. No.45619 of 2023(3) dt.31-08-2023 2/2 He further submits that from perusal of the F.I.R. it appears that the date of occurrence as alleged in the F.I.R. is 13.04.2023 but the present F.I.R. was instituted on 15.04.2023 after delay of two days without any explanation of delay.

5. Learned APP for the State, on the other hand, vehemently opposed the prayer for bail and submits that the statement of the victim girl was recorded under Section 164 of the Cr. P.C. in which she has categorically stated that the petitioner has committed rape upon her and as per medical report of the victim also suggests that " there is some sign and symptoms of recent intercourse present. So, intercourse may be tried recently".

6. Considering the aforesaid facts that there is direct allegation against the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Mahila Thana P.S. Case No. 28 of 2023 pending in the Court of Special Judge (POCSO Court), cum-Additional District & Sessions Judge 6th, Gaya.

7. Prayer is refused.

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