Bambam Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16431 of 2015 Arising Out of PS.Case No. -171 Year- 2014 Thana -KORHA District- KATIHAR ======================================================

1. Bambam Thakur Son of Upendra Thakur Resident of Village - Parmanandpur, P.S. Korha, District - Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Md. Musowir For the Opposite Party/s : Mr. Anzarul Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-06-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Korha P.S. Case No. 171/14 for the offences punishable under section 376 of the Indian Penal Code and 4 POCSO Act.

The prosecution case, in brief, is that the daughter of the informant Guriya Kumari, aged about 6 years on the date of occurrence had gone to attend natural call in the field outside the house, and in course of returning the petitioner committed rape forcibly with her.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.16431 of 2015 (2) dt.10-06-2015 2 / 2 petitioner has been falsely implicated in the present case due to rival village politics.

It has been submitted on behalf of the State that the victim girl has been examined under section 164 Cr.P.C. where she has admitted that an attempt of rape was made upon her and the same is corroborated by the medical examination report. Considering the aforesaid facts, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. The petitioner may renew the prayer for bail after completion of one year in custody.

(Sudhir Singh, J) BK.Roy/- U T