Pappu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4204 of 2016 Arising Out of PS.Case No. -235 Year- 2015 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Pappu Sharma Son of Rajendra sharma Resident of Village- Rasidpur, P.s Bachhawara, District Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bhola Prasad, Advocate For the Opposite Party/s : Mr. Veena Rani Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-03-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Dalsingsarai P.S. Case No. 235 of 2015 registered for the offences punishable under Section 376 of the Indian Penal Code.

Allegedly, the petitioner committed penetrating sexual assault with Aarti Kumari, aged 8 years, the daughter of the informant, causing injury and bleeding to her. The Doctor who examined the victim, has opined that there is strong evidence of sexual assault and further, the victim in the statement before the learned Magistrate has stated that bad work was done with her.

Patna High Court Cr.Misc. No.4204 of 2016 (4) dt.18-03-2016 2/2 Submission is of false implication and that no T.I.P. has been conducted, the petitioner has been made victim of the circumstances, there is no legal and tangible material against him, he has got clear antecedent and without any fault, he is suffering in custody since 16.06.2015.

Learned A.P.P. seriously opposes the prayer of bail. In the facts and circumstances stated above, considering the allegation attributed against the petitioner, serious in nature, this Court is not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Dalsingsarai P.S. Case No. 235 of 2015 pending in the court of learned Additional Chief Judicial Magistrate, Dalsingsarai.

Let the trial be expedited.

(Jitendra Mohan Sharma, J.) ajaypd./- U T