Vikash Kumar @ Vikesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55338 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- MARANCHI District- Patna ====================================================== Vikash Kumar @ Vikesh Kumar Son of Shri Ram Ratan Prasad Singh Resident of Village-Pachmahla, O.P.-Pachmahla, P.S.-Marachi, District-Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dipak Kumar For the Opposite Party/s :
Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The instant application for regular bail has been filed by the petitioner in connection with Maranchi P.S. Case no. 45 of 2023, Special (POCSO) Case No. 101 of 2023 u/s 376 IPC and Section 4/6 of the POCSO Act, Section 3(1)(v)s(W)/3(2)(V)/3(2)(va) of the SC/ST Act.
3. As per allegation in the FIR, victim aged about 17 years while going to attend natural call, four accused persons including the petitioner caught her and forcibly petitioner committed rape firstly and thereafter she was gang raped by all remaining accused persons as a result of which she became unconscious. After getting sense, she
Patna High Court CR. MISC. No.55338 of 2023(5) dt.29-01-2024 2/3 found herself on bed of Referral Hospital, Barahiya.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. As per medical report, no sign of rape was found and she is major and her has been accessed as 18 or above 18 years by the doctor. Both parties are covillager. He Petitioner is languishing in judicial custody since 5.4.2023.
5. Learned APP appearing for the State and learned counsel for the informant have opposed the prayer of bail and submitted that statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has stated that petitioner has closed her mouth and forcefully committed rape. As per deposition, her age is between 16-17 years. Victim herself is the author of the FIR.
6. Having heard learned counsel for the parties and taking into consideration that there is direct allegation of committing rape against the petitioner upon the informant/victim, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected. The trial court is directed to expedite and conclude
Patna High Court CR. MISC. No.55338 of 2023(5) dt.29-01-2024 3/3 the trial.
(Sunil Kumar Panwar, J) sushma/- U