Brijkishor Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49171 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- SRINAGAR District- West Champaran ====================================================== 1.

BRIJKISHOR RAM SON OF SHIVBACHCHAN RAM RESIDENT OF VILLAGE- BAGAHIBAGHAMBARPUR, PS- SRINAGAR, DIST- WEST CHAMPARAN 2.

DHIRAJ KUMAR SON OF MADAN RAM RESIDENT OF VILLAGEBAGAHIBAGHAMBARPUR, PS- SRINAGAR, DIST- WEST CHAMPARAN 3.

KRISHNA KUMAR SON OF SHAMBHU RAM RESIDENT OF VILLAGE- BAGAHIBAGHAMBARPUR, PS- SRINAGAR, DIST- WEST CHAMPARAN ... ... petitioner/s

Versus

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

For the petitioners/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in a case instituted for the offence under Sections 376/34 of the Indian Penal Code and Sections 6/8 of the POCSO Act.

3. The allegation against the petitioners along with another is of committing rape upon the grand-daughter of the

Patna High Court CR. MISC. No.49171 of 2023(3) dt.06-09-2023 2/3 informant.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. He submitted that the victim girl was caught raid hand in unacceptable circumstance with co-accused Niraj Kumar and objection was raised by the petitioners in the society and matter was brought in the knowledge of the panchayati, which led false implication of the petitioners in the present case. Petitioners are languishing in judicial custody since 01.04.2023.

5. Learned APP for the State has opposed the application for bail and submitted that the petitioners are named in the FIR. The statements of the victim girl have been recorded u/s 161 of the Cr.P.C. as well as 164 of the Cr.P.C., in which she specifically stated that these petitioners committed rape forcibly upon her without her consent, which corroborates the prosecution case. He further submitted that the victim is a minor girl. During investigation several witnesses have also supported the prosecution case.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioners on bail and, as such, their prayer for bail stands rejected.

Patna High Court CR. MISC. No.49171 of 2023(3) dt.06-09-2023 3/3

7. The trial Court is directed to conclude the trial expeditiously.

(Sunil Kumar Panwar, J) arish/- U