Amit Puri @ Amrit Puri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1794 of 2021 Arising Out of PS. Case No.-16 Year-2020 Thana- MAHILA P.S District- West Champaran ====================================================== Amit Puri @ Amrit Puri Son Of Sri Lalu Puri Resident Of Village - Awrahiya, P.S.- Bettiah Muffasil (Banuchhapar), Distt.- West Champaran ... ... Petitioner

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party :

Mr. RPS Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-05-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Bettiah Sadar Mahila PS Case No. 16 of 2020 registered for the offences punishable under section 376D of the IPC and sections 4 and 6 of the POCSO Act.

As per the prosecution case, petitioner is alleged to have committed rape on the informant, when her parents were away from the house. Petitioner happens to be house owner of the victim.

Learned counsel for the petitioner submits that the petitioner is simply a student and has got clean antecedent and the instant case has been lodged with ulterior motive and in fact father of the victim wanted to marry her with the petitioner but the proposal was not accepted by his parents, thereafter the instant false case was registered. Victim's age has assessed by the Medical Board as 16-17 years and no sign of sexual assault has been found on the body of the victim. Petitioner is in custody since 4.6.2020.

Learned counsel for the State opposes the prayer for bail and submits that the victim has alleged that the petitioner

Patna High Court CR. MISC. No.1794 of 2021(3) dt.18-05-2021 2/2 committed rape on her when her parents were not in the house. Considering the facts and circumstances of the case and the fact that there is specific allegation against the petitioner of commission of rape, his prayer for bail is refused. (Prabhat Kumar Singh, J) Shashi U T