Patna High CourtCR. MISC./45761/2022rejected

Bishundeo Singh v. The State Of Bihar

2023-03-29Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45761 of 2022 Arising Out of PS. Case No.-147 Year-2022 Thana- SAKURABAD District- Jehanabad ====================================================== BISHUNDEO SINGH Son of Late Chandradeep Singh Resident of Village - Saidichak, P.s.- Shakarabad, Distt.- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376, 511 of the Indian Penal Code and Section 8 of POCSO Act.

According to prosecution case, there is allegation against the petitioner of outraging the modesty of the daughter of the informant with an intention to commit rape upon her. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation against the petitioner as alleged in the F.I.R. is false and fabricated and no such occurrence as alleged in the F.I.R. has taken place.

Patna High Court CR. MISC. No.45761 of 2022(5) dt.29-03-2023 2/2 The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner 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 wrong with her. He further submits that the other witnesses have also supported the case of the victim.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Shakurabad P.S. Case No. 147 of 2022, pending in the court of learned Special POCSO Judge, Jehanabad.

Prayer is refused.

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