Patna High CourtCR. MISC./40999/2020rejected

Ramesh Sah v. The State Of Bihar

2021-03-18Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40999 of 2020 Arising Out of PS. Case No.-332 Year-2020 Thana- GOVINDGANJ District- East Champaran ====================================================== Ramesh Sah Son of Dhurendra Sah R/O- Sharma Tola, P.S.- Areraj, DistrictEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar, Adv.

For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Govindganj (Areraj) P.S. Case no. 332 of 2020 registered under sections 376 and 506 of the Indian Penal Code, section 67 of the I.T. Act and sections 4 and 6 of the POCSO Act.

As per allegation in the F.I.R., the petitioner is stated to have committed rape on the minor sister of the informant.

It is submitted by learned counsel for the petitioner that the allegation as levelled in the F.I.R. are false and concocted. He has been falsely implicated in the case due to

Patna High Court CR. MISC. No.40999 of 2020(3) dt.18-03-2021 2/2 oblique reason. It is further submitted that the allegation of the video going viral through his mobile phone has not been substantiated in course of investigation. He has no criminal antecedent and is in custody since 19.9.2020. He undertakes to co-operate in the trial.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegation of rape against the petitioner in the F.I.R. which has been supported by the 12 year old victim in her statement under section 164 Cr.P.C., this Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) Bibhash/- U T