Akhilesh Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47665 of 2023 Arising Out of PS. Case No.-523 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== AKHILESH KUMAR RAM Son of Surendra Ram Resident of village - Babhnauliya, P.S. - Turkauliya, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Informant : Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the Informant and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 06.05.2023, in connection with Motihari vide Turkauliya P.S. Case No. 523 of 2023, F.I.R. dated 03.05.2023 registered for the offences punishable under Sections 341, 323, 376, 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

Patna High Court CR. MISC. No.47665 of 2023(3) dt.30-08-2023 2/2 petitioner has not committed any offence as alleged in the F.I.R.

5. Learned counsel appearing on behalf of the Informant and 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 the medical report of the victim also suggests that she is subjected to sexual assault by the petitioner and at the time of occurrence, the victim was minor.

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 Motihari vide Turkauliya P.S. Case No. 523 of 2023 pending in the Court of 6th Additional Sessions Judge-cum-Special Judge, POCSO Act, East Champaran at Motihari.

7. Prayer is refused.

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