Patna High CourtCR. MISC./60084/2024dismissed

Deepak Sharma @ Deepak Kr Sharma v. The State Of Bihar

2024-11-20Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60084 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- MAHILA P.S. District- Araria ====================================================== Deepak Sharma @ Deepak Kr Sharma son of Umesh Sharma RESIDENT OF VILLAGE- BASETI, WARD NO 03, PS- BAUSI, DISTRICT- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Adv For the Opposite Party/s :

Mr. Shailendra Kumar, APP For the Informant :

Mr. Vivekanand Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Spl (POCSO) Case No. 38 of 2024 arising out of Mahila P.S. Case No. 12 of 2024 registered for the offence punishable under Sections 341, 323, 376(D), 506, 376AB of the Indian Penal Code and Section 6 of the POCSO Act.

3. As per the prosecution case, the allegation against the petitioner alongwith other accused persons is of committing the rape.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence.

5. Learned APP appearing for the State and learned

Patna High Court CR. MISC. No.60084 of 2024(4) dt.20-11-2024 2/2 counsel for the informant opposed the prayer for regular bail of the petitioner.

6. The informant is the victim herself. She has said in the FIR that gang rape was committed by the accused persons including the petitioner. The petitioner is in jail since 14.03.2024.

7. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant bail to the petitioner and therefore, the present bail application is hereby rejected.

8. The trial is directed to be expedited.

9. Learned counsel for the informant, Sri Vivekanand Singh undertakes to co-operate in the trial.

(Sandeep Kumar, J) kiran/- U T