Praveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52830 of 2024 Arising Out of PS. Case No.-490 Year-2023 Thana- KHAIRA District- Saran ====================================================== Praveen Kumar Son Of Triloki Singh Resident Of Village - Korea, Police Station - Khaira, District - Saran ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Shanti Devi W/O Late Haricharan Rai R/O Koraiya, P.S- Khaira, Distt.- Saran.

... ... Opposite Partys ====================================================== Appearance :

For the Petitioner/s :

Mr.Mili Kumari For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Khaira P.S. Case No. 490 of 2023 dated 24.12.2023 registered for the offence/s punishable u/s 376 DA of the Indian Penal Code, sections 4 and 6 of the POCSO Act and section 67 of the I.T. Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed rape on the informant's grand-daughter and made a video of it and threatened to make the same viral.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.52830 of 2024(4) dt.18-10-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. There was love affair between the victim and one coaccused Mithilesh Kumar. It is further submitted that the medical board assessed the age of the victim as 18 years. The petitioner has four antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 25.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the victim has disclosed the name of the petitioner in her statement recorded u/s 161 and 164 of the Cr. P.C. It is further submitted that the medical board reveals that there is strong evidence of intercourse with the victim within five to seven days. The bail of other co-accused person has been rejected by this Court vide order dated 22.08.2024 passed in Cr. Misc. No. 47203/2024.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail.

7. Learned Trial Court is directed to expedite the trial and conclude the same at the earliest.

8. The application stands rejected.

(Chandra Prakash Singh, J) atul/- U T