Bajrangi Thakur @ Bajrang Thakur v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46239 of 2015 Arising Out of PS.Case No. -1 Year- 2015 Thana -MAHILA PS District- JEHANABAD ======================================================

1. Bajrangi Thakur @ Bajrang Thakur Son of Late Barhan Thakur Resident of village - Rupaspur, Police Station - Jehanabad ( Kalpa O.P. ), District - Jehanabad .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Seema Devi Wife of Sunil Thakur Resident of village - Kinari Bajar, Police Station Kalpa, Jehanabad, District - Jehanabad, Permanent Address Village - Rupaspur, Police Station - Kalpa, District - Jehanabad .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Anil Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-04-2016 Supplementary affidavit has been filed on behalf of the petitioner annexing copy of the deposition of Seema Devi and Sunil Thakur. Let it be kept on the record.

Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offence punishable under section 376 of the I.P.C and section 6 of the P.O.C.S.O. Act.

Allegedly, the petitioner committed rape with Manjusa Kumari, aged six years, the daughter of the informant. Submission is of false implication and that the

Patna High Court Cr.Misc. No.46239 of 2015 (8) dt.11-04-2016 2/2 petitioner is the Fufa of the victim girl and due to the land dispute he has been implicated in this case. The informant after realizing the truth has filed compromise petition and during deposition she and her husband have not supported the prosecution version and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. opposes by submitting that during investigation the victim girl has also supported the allegation and the doctor who has examined the victim has opined that possibility of rape cannot be ruled out.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, serious in nature, I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Jehanabad P.S. Case No. 01 of 2015 pending in the court of A.D.JI, Jehanabad. (Jitendra Mohan Sharma, J) Abhay/- U T