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Patna High CourtCR. MISC./64333/2021bail rejected

Neeraj Kumar v. The State Of Bihar

2022-02-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64333 of 2021 Arising Out of PS. Case No.-19 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== NEERAJ KUMAR S/o Ghoghari Ram R/o village- Roshanpur, (O.P.- Panapur), P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

NILU KUMARI D/o Nagendra Ram Presently residing at Village- Gahilo, Post- Jaitpur, P.S.- Saraiya, District- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 376 of the Indian Penal Code and u/s 4 of POCSO Act.

As per the prosecution case, this petitioner committed repeated sexual assault with the victim on the false pretext of marriage.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that victim was a consenting party and she voluntarily accompanied the petitioner and indulged in sexual relation with him. Petitioner claims clean antecedent and is in

Patna High Court CR. MISC. No.64333 of 2021(2) dt.24-02-2022 2/2 custody since 28.09.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail and submits that victim is minor and there is specific and direct allegation against this petitioner that he committed repeated sexual assault with victim on the false pretext of marriage.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T