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Patna High CourtCR. MISC./52079/2023dismissed

Triveni Kumar v. The State Of Bihar

2023-08-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52079 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- BYPASS District- Patna ====================================================== TRIVENI KUMAR S/o- LATE BASANT SAO Village- Raghopur PsJurabanpur Dist- Vaishali A/p- Renter of Shashi Bind Bahari Begampur PsBypass Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Spl. Case No. 28 of 2023 arising out of Bypass P.S. Case No. 04/2023 registered for the offences punishable under Section 376D of the Indian Penal Code and Sections 4/6/8 of the POCSO Act. The prosecution story in short is that the fourteen years girl was raped by the accused persons including the petitioner.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case due to village politics. It is further submitted that the petitioner is not named in the F.I.R., his name transpired on the basis of the statement of

Patna High Court CR. MISC. No.52079 of 2023(2) dt.23-08-2023 2/2 co-accused.

However, learned A.P.P. appearing on behalf of the State vehemently opposed the bail application. Considering the gravity of offence and the nature of accusations levelled against the petitioner, I am not inclined to grant him the privilege of bail. It is, accordingly, dismissed. However, the trial court is directed to expedite the trial. (Sandeep Kumar, J) Saif/- U T