Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44964 of 2023 Arising Out of PS. Case No.-41 Year-2023 Thana- PURAINI District- Madhepura ====================================================== VIKASH KUMAR Son of Late Kapil Dev Poddar Resident of village - Puraini @ Purani, P.S. - Puraini, Distt. - Madhepura ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bam Bahadur Jha For the Opposite Party/s :
Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case instituted for the offence under Sections 376/34 of the Indian Penal Code and Section 4 of the POCSO Act.
3. The allegation against the petitioner is of establishing physical relation with the daughter of the informant.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. He submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. Petitioner is languishing in judicial custody since 22.02.2023.
5. Learned APP for the State has opposed the
Patna High Court CR. MISC. No.44964 of 2023(3) dt.21-08-2023 2/2 application for bail and submitted that petitioner is named in the FIR and the statement of the victim, which has been recorded u/s 164 of the Cr.P.C., she specifically stated that the petitioner taken away her on a motorcycle in a maize field and committed rape upon her, which corroborates the prosecution case. During investigation several witnesses have also supported the prosecution case.
6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.
7. The trial Court is directed to conclude the trial expeditiously.
(Sunil Kumar Panwar, J) arish/- U T