Rajan Patel @ Timal Patel @ Timan Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41090 of 2020 Arising Out of PS. Case No.-415 Year-2019 Thana- GOVINDGANJ District- East Champaran ====================================================== Rajan Patel @ Timal Patel @ Timan Patel S/O Bhuti Raut Resident Of Village Manguraha, P.S.-Govindganj, District-East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma, Adv.
For the Opposite Party/s :
Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-08-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 376G, 363 and 34 of the Indian Penal Code and sections 4 and 6 of the POCSO Act.
As per allegations in the F.I.R. lodged by the 14 year old informant, four accused persons including the petitioner herein committed rape on her.
It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and concocted. The petitioner has been falsely implicated in the case. For an occurrence alleged to have taken place on
Patna High Court CR. MISC. No.41090 of 2020(5) dt.02-08-2021 2/2 23.12.2019, information was given and the F.I.R. registered at the police station at 11.15 pm on 25.12.2019 inspite of the police station being at a distance of only 8 kms. The medical report does not support the allegations levelled in the F.I.R. The petitioner is in custody since 26.12.2019 and has no criminal antecedent.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the allegations levelled in the F.I.R. together with the statement of the minor victim-informant under section 164 Cr.P.C. wherein she has reiterated the allegations against the petitioner, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. (Partha Sarthy, J) Saurabh/- U T