Vikki Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55146 of 2021 Arising Out of PS. Case No.-332 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== Vikki Kumar Ram Son Of Late Alakh Ram Resident Of Village- Chandpura, P.S.- Koilwar, District- Bhojpur, Ara.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Koilwar P. S. Case No.332 of 2021, instituted for the offences under Section 376(3) of the Indian Penal Code and Section 4 of the POCSO Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 21.07.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

The learned counsel for the petitioner submits that informant, a minor aged about 15 years, alleges that she had gone for some work near the dam (baandh), when the petitioner finding her alone took her to the bush and raped her.

Patna High Court CR. MISC. No.55146 of 2021(3) dt.22-03-2022 2/3 The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case, the F.I.R. is dated 20.07.2021 and the medical examination of the victim was done on 21.07.2021 which completely negates rape. The learned A.P.P. for the State opposed the bail application and submitted that the victim in her statement under Section 164 of the Cr.P.C. supported the prosecution case and further, the injury report records that the hymen of the victim was found ruptured.

The learned counsel for the petitioner rebutted the said submission of the learned A.P.P. submitting that from perusal of the injury report, it would manifest that though it records that the hymen was ruptured, but the same also records that it was an old one, as such, the medical report does not corroborate the allegation of rape as alleged in the F.I.R.. The victim was directed to be added as opposite party by order dated 21.02.2022 and notices were issued. The office report records that the notice has been served, but the victim has not appeared before this Court through her guardians.

At this stage, the learned counsel for the petitioner seeks permission to withdraw the bail application with a liberty to the petitioner to renew his prayer for bail after framing of

Patna High Court CR. MISC. No.55146 of 2021(3) dt.22-03-2022 3/3 charge.

Permission is accorded.

Accordingly, instant petition is dismissed as withdrawn with the liberty aforesaid.

(Satyavrat Verma, J) vikash/- U T