Patna High CourtCR. MISC./57335/2022rejected

Ramakant Patel v. The State Of Bihar

2023-03-21Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57335 of 2022 Arising Out of PS. Case No.-143 Year-2022 Thana- NOKHA District- Rohtas ====================================================== RAMAKANT PATEL S/o Shesh Nath Ray Resident of village- Kaithi, P.S.- Nokha, District- Rohtas Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 376(D)/506 of IPC and Section 6 of POCSO Act.

Allegation against the petitioner is that he along with other co-accused persons committed rape with the daughter of the informant.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case.

Learned APP for the State, on the other hand, on the basis of the material available on record, has vehemently opposed the prayer for bail of the petitioner and submits that it

Patna High Court CR. MISC. No.57335 of 2022(2) dt.21-03-2023 2/2 has come during medical examination that the victim was minor at the time of occurrence and she has fully supported the allegation as alleged in the FIR and the medical report also supports the allegation as alleged in the FIR and the prayer for bail of the co-accused, namely, Sona Singh @ Sonu Kumar has been rejected by this Court vide order dated 27.02.2023 passed in Cr. Misc. No.48563 of 2022.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Nokha (Dharampura O.P.) P.S. Case No. 143 of 2022 pending in the Court of learned Additional Sessions Judge-VI, Exclusive Special Court POCSO, Rohtas at Sasaram.

Prayer is refused.

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