Rohan Kumar @ Amnish Raj @ Awnish Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9859 of 2021 Arising Out of PS. Case No.-15 Year-2020 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== Rohan Kumar @ Amnish Raj @ Awnish Ray (male), aged about 23 years, Son of Umesh Kumar @ Umesh Mahaseth Resident of Village - Kanta, P.S. - Gaighat, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vipin Kumar,Adv.

For the Opposite Party/s :

Mr.Nityanand,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

25-06-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Muzaffarpur Mahila P.S. Case No. 15 of 2020, registered for the offence under Sections 341, 342, 506 and 376 of the Indian Penal Code. As per the prosecution case, this petitioner is said to have committed rape upon the informant, who is minor. It is submitted on behalf of petitioner that there was dispute between the parties. As a matter of fact, father of the informant was running a tea shop under the tenancy of own brother of petitioner's father and subsequently, the shop is being managed and maintained by the father of the petitioner and since father of the petitioner asked the informant's father to vacate the shop, this false case has been lodged against the petitioner. It is further submitted that in the medical examination

Patna High Court CR. MISC. No.9859 of 2021(2) dt.25-06-2021 2/2 of the informant, the doctor has not found any sign of sexual intercourse. Petitioner claims clean antecedent and he is in custody since 01.10.2020.

However, learned A.P.P. for the State opposed the bail petition and submitted that victim is a minor girl, aged about 12 years, and she has fully supported the prosecution case in her statement recorded under Section 164 of the Cr.P.C. Considering the nature of allegation and statement of the victim girl recorded under Section 164 Cr.P.C., I am not inclined to grant bail to the petitioner and same is, accordingly, rejected.

(Prabhat Kumar Singh, J.) anay U T