Pramod Kumar Thakur @ Praduman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9814 of 2021 Arising Out of PS. Case No.-11 Year-2020 Thana- MAHILA P.S. District- Vaishali ====================================================== Pramod Kumar Thakur @ Praduman Son Of Chatish Thakur R/O Village And P.O. - Jahangirpur Sam, P.S.- Desari (CHANDPURA O.P.), Dist.- Vaishali ... ... Petitioner
Versus
1.
The State Of Bihar 2.
Amrita Devi D/O Raj Kumar Thakur R/O Village And P.O. - Jahangirpur Sam, P..S- Desari (CHANDPURA O.P.), Dist.- Vaishali ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Shashi Shekhar Kumar Prasad, Advocate For the Opposite Party :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-07-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Vaishali Mahnar Police Station Case No. 11/20 registered for the offences punishable under section 376 and other allied sections of the Indian Penal Code and section 4 of the POCSO Act. As per the prosecution case, petitioner committed rape upon the minor daughter of the informant aged about 13 years. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to family dispute between the parties. He submits that the petitioner was subjected to medical examination on 23.3.2020 which reveals that no sign of recent sexual
Patna High Court CR. MISC. No.9814 of 2021(4) dt.06-07-2021 2/2 intercourse was found. Petitioner is in custody since 23.3.2020. Learned counsel for the State opposes the prayer for bail and submits that the victim in her section 164 Cr.P.C. statement has alleged that the petitioner committed rape on her. Considering the rival submissions of the parties, materials available on the record and the fact that the victim, in her section 164 Cr.P.C. statement, has corroborated the prosecution case, his prayer for bail is refused. (Prabhat Kumar Singh, J) shashi/- U T