Patna High CourtCR. MISC./57844/2023rejected

Mukesh @ Mukesh Kumar v. The State Of Bihar

2023-09-06Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57844 of 2023 Arising Out of PS. Case No.-125 Year-2023 Thana- KOCHAS District- Rohtas ====================================================== Mukesh @ Mukesh Kumar Son Of Markandey @ Markandey Singh Resident Of Village - Amaisi Dihra, P.S. - Kochas, District - Rohtas ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 20.06.2023, in connection with Kochas P.S. Case No. 125 of 2023, F.I.R. dated 13.04.2023 registered for the offences punishable under Sections 376 (2)(N) of the Indian Penal Code and Section 6 of the POCSO Act.

3. Allegation against the petitioner is that he committed rape several time with the victim due to which the victim became pregnant.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.57844 of 2023(2) dt.06-09-2023 2/2 petitioner has not committed any offence as alleged in the F.I.R.

5. Learned APP for the State, on the other hand, on the basis of material available on record and the case diary, vehemently opposed the prayer for bail and submits that in paragraph-18 of the case diary, the statement of the victim, was recorded in which she has supported the case of the prosecution version and at the time of medical examination the victim was pregnant and there is sufficient material has come during investigation to suggest the involvement of the petitioner in the present occurrence.

6. Considering the aforesaid facts that there is direct allegation against the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Kochas P.S. Case No. 125 of 2023 pending in the Court of learned Additional Sessions JudgeII, Exclusive Special Court POCSO, Rohtas at Sararam.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T