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Patna High CourtCR. MISC./48869/2018dismissed

Balram Singh @ Baliram Singh v. The State Of Bihar

2018-08-18Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48869 of 2018 Arising Out of PS. Case No.-20 Year-2018 Thana- MAHILA P.S. District- Saran ====================================================== Balram Singh @ Baliram Singh son of Rambabu Singh, Resident of villageHurara Kala, P.S.- Baniyapur, District- Chapra (Saran). ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 18-08-2018 Heard Sri Mukesh Kumar Singh, learned counsel for the petitioner. None appeared on behalf of the State. The sole petitioner, who is in custody in Mahila P.S. Case No.20 of 2018 registered for the offence under Sections 376/324/34 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act, has prayed for grant of bail.

Learned counsel for the petitioner, by way of referring to the fact disclosed in the F.I.R., tried to persuade the Court that the accusation appears to be improbable that two brothers have committed such crime together.

Besides hearing, I have also perused the material on record as well as the F.I.R. On perusal of the F.I.R., it is evident that the accusation, as alleged in the F.I.R., has been corroborated in the statement of the victim recorded under

Patna High Court Cr.Misc. No.48869 of 2018(2) dt.18-08-2018 2/2 Section 164 of the Code of Criminal Procedure, who was aged about 7 years.

Considering the nature of accusation, I do not find any ground to extend the privilege of bail.

The petition stands dismissed.

(Rakesh Kumar, J.) nawalkrs/- U T