Vikash @ Vikki Kumar Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63982 of 2021 In CRIMINAL APPEAL (SJ) No.3378 of 2021 Arising Out of PS. Case No.-44 Year-2020 Thana- ISHIPUR District- Bhagalpur ====================================================== Vikash @ Vikki Kumar Goswami Son of Girdhari Goswami Resident of Village- Ishipur Barahat, Police Station- Ishipur Barahat, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2021 Heard learned counsel for the parties.

The petitioner seeks bail in POCSO Case No.72 of 2020, arising out of Ishipur (Barahat) P.S. Case No.44 of 2020, registered for the offences punishable under Sections 376, 324, 307, 506 of the Indian Penal Code, Sections 4/8 of the POCSO Act as well as under Section 3(i)(r)(w) of the SC/ST Act. The petitioner is said to have committed rape with the daughter of the informant.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. The occurrence took place on 25.06.2020, but FIR was lodged on 02.07.2020 after delay of seven days without any explanation. It is further submitted that the petitioner is in custody since

Patna High Court CR. MISC. No.63982 of 2021(7) dt.15-12-2021 2/2 03.07.2020.

Learned counsel for the State opposed the prayer for bail of the petitioner and submits that there is specific allegation against the petitioner that he has committed rape with the victim girl.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected.

(Anjani Kumar Sharan, J.) Sanjay/- U T