Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49265 of 2022 Arising Out of PS. Case No.-3 Year-2022 Thana- HARPUR District- Munger ====================================================== RAUSHAN KUMAR SON OF BIDESHI PRASAD SINGH @ VINDESHWARI SINGH R/O VILLAGE- GANAILI, P.S.- HARPUR, DISTRICT- MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Sinha, Adv.

For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-02-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 376(2)(f) of the Indian Penal Code and Section 4 and 6 of the POCSO Act.

The minor daughter of the informant is subjected to rape by the petitioner.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case on account of village politics. He further submits that the medical report does not corroborate with the allegation as levelled in the F.I.R. The petitioner is rotting in judicial

Patna High Court CR. MISC. No.49265 of 2022(4) dt.15-02-2023 2/2 custody since 08.01.2022.

Learned A.P.P. for the State has, vehemently, opposed the prayer for bail of the petitioner and submitted that the minor victim in her statement recorded under Section 164 Cr.P.C. has clearly disclosed that the petitioner has committed wrong with her.

Considering the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of this petitioner is rejected. (Rajesh Kumar Verma, J) brajesh/- U T