Patna High CourtCR. MISC./52085/2022rejected

Niraj Chaudhary @ Niraj Kumar v. The State Of Bihar

2023-03-20Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52085 of 2022 Arising Out of PS. Case No.-99 Year-2022 Thana- BAJPATTI District- Sitamarhi ====================================================== NIRAJ CHAUDHARY @ NIRAJ KUMAR S/o Sanjay Chaudhary R/o village- Belahiya, Ward No. 02, P.S.- Bajpatti, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-03-2023 Learned counsel for the petitioner is permitted to remove the defects, as pointed out by the office, if any, within a period of four weeks from today.

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 Section 376(D)of IPC and Section 4 of POCSO Act.

Allegation against the petitioner and other co-accused persons is that they committed rape upon the victim. Learned counsel for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. Further submits that the allegation as alleged in the FIR is false and fabricated. No such occurrence has taken place. Further submits that the medical report of the

Patna High Court CR. MISC. No.52085 of 2022(4) dt.20-03-2023 2/2 informant does not suggest the allegation as alleged in the FIR. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that during investigation it has come that the petitioner and other co-accused persons have committed rape upon the victim and the date of occurrence as alleged in the FIR is 12.04.2022 but the medical examination of the victim was conducted on 15.04.2022 and the statement of the victim was recorded under Section 164 Cr. P.C. in which she has categorically stated that the petitioner and other co-accused persons have committed rape upon her.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail.

Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T