Abhinash Kumar @ Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57566 of 2023 Arising Out of PS. Case No.-164 Year-2023 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Abhinash Kumar @ Avinash Kumar Son Of Pramod Ram @ Pramod Kumar Resident Of Village - Kalhanua, P.S. - Durgawati, District - Kaimur At Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Tripathy For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner instituted for the offence punishable under Sections 376(3), 341, 323/34 of the Indian Penal Code read with Section 4 of the POCSO Act.

It is a case of commission of rape by the petitioner upon the informant, aged about 14 years, when she was going to Durgawati Girl High School. Petitioner and three others forcibly took her to nearby tent shop and down the shutter and thereafter committed rape. Accused persons dropped her near road side in unconscious

Patna High Court CR. MISC. No.57566 of 2023(3) dt.04-10-2023 2/3 position. After gaining sense, she found herself in Hospital with police officials and then the present FIR. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Victim/informant had given contradictory statement recorded u/s 164 Cr.P.C. from the FIR version. Petitioner has got no criminal antecedent and languishing in judicial custody since 4.6.2023. Learned APP appearing for the State has opposed the prayer of bail and submitted that statement of the victim girl is author of the FIR. She is 14 years old school going candidate. She has specifically stated that petitioner has committed rape. During investigation, several witnesses has supported the prosecution version.

Her statement was recorded u/s 164 Cr.P.C. wherein she has corroborated the allegations made in the FIR against the accused petitioner. Having heard learned counsel for the parties and taking into consideration that there is direct allegation of committing rape against the petitioner upon the minor informant, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

Patna High Court CR. MISC. No.57566 of 2023(3) dt.04-10-2023 3/3 The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U