Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2883 of 2021 Arising Out of PS. Case No.-69 Year-2019 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== MANISH KUMAR Son of Madan Mahato Resident of Village-Rasulpur, P.S.- Medni Chowki, District-Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Medni Chowki P.S. Case No. 69 of 2019, registered for the offence punishable under Section 376 of the Indian Penal Code and section 3/4 of the POCSO Act.

As per the prosecution case, this petitioner is alleged to have committed rape with minor daughter of informant aged about 7 years.

It is submitted on behalf of petitioner that petitioner is neighbour of informant and due to land dispute he has been falsely implicated in this case. It is further submitted that there is general and vague allegation against petitioner. Petitioner is in custody since 26.08.2019 having no criminal antecedent as

Patna High Court CR. MISC. No.2883 of 2021(3) dt.22-03-2021 2/2 stated in para 3 of the petition.

Considering the fact that there is specific allegation of committing rape with informant's minor daughter against this petitioner, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T