Lalu Kumar @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45097 of 2023 Arising Out of PS. Case No.-144 Year-2023 Thana- NARDIGANJ District- Nawada ====================================================== LALU KUMAR @ MANOJ KUMAR son of Umashankar Chauhan VillageBhagalpur Ps- Nardiganj Dist- Nawada ... ... Petitioner

Versus

1.

The State of Bihar 2.

Sanju Devi wife of Dayanand Chauhan Village- Binku Tola Bhagalpur PsNardiganj Dist- Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vivek Kumar Sinha For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 376/34 of the Indian Penal Code and sections 3 and 4 of the POCSO Act.

3. As per the prosecution case, this petitioner committed rape on the minor daughter of the informant.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Medical report does not corroborate the prosecution case. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the prayer for bail. He submits that the petitioner in named in the FIR with

Patna High Court CR. MISC. No.45097 of 2023(2) dt.09-08-2023 2/2 specific allegation of committing rape on the minor daugher of the informant. Moreover, victim in her 164 Cr.P.C. statement has supported the prosecution case.

6. Considering the nature and gravity of allegation and 164 Cr.P.C. statement of the victim, prayer for bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) Shashi U T