Nagesar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4887 of 2021 Arising Out of PS. Case No.-184 Year-2020 Thana- DUMRA District- Sitamarhi ====================================================== NAGESAR THAKUR S/O LATE LAXMAN THAKUR VILLAGE RUPAULI, P.O. BISHANPUR, P.S DUMRA, DISTRICT SITAMARHI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Dumra P.S. Case No. 184 of 2020, registered for the offence punishable under Sections 341, 323, 354(B), 376/511 of the Indian Penal Code and section 6/8 of the POCSO Act and section 37(C) of the Bihar Prohibition and Excise Act.

As per the prosecution case, on the alleged date of occurrence, the daughter of informant who is dumb while returning from work, on the way, this petitioner is alleged to have dragged her in lithi orchard and disrobed her and tried to commit rape with her.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Petitioner

Patna High Court CR. MISC. No.4887 of 2021(2) dt.25-03-2021 2/2 claims clean antecedent and he is in custody since 24.06.2020. Learned APP however, vehemently opposed the prayer for bail and submitted that there is specific allegation against this petitioner that he attempted to commit rape with informant's daughter which is also supported by her in her statement under Section 164 Cr.P.C.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T