Brijesh Kumar @ Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58529 of 2022 Arising Out of PS. Case No.-202 Year-2022 Thana- PANAPUR District- Saran ====================================================== BRIJESH KUMAR @ BRAJESH KUMAR Son of Shubhnarayan Singh Kushwaha R/V- Harakh Pakri P.S- Panapur, Dist- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Panapur P.S. Case No. 202 of 2022 for the offence registered under Sections 376 and 506 of the Indian Penal Code and Sections 3, 6 and 8 of the POCSO Act.

The allegation is regarding the petitioner having raped the victim girl after forcibly taking her inside a mango orchard.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 16.07.2022. The learned counsel for the petitioner has further submitted that the victim girl is major, hence, the act in question was consensual in nature, thus, the petitioner is not

Patna High Court CR. MISC. No.58529 of 2022(3) dt.17-01-2023 2/2 having any complicity in the matter.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also having perused the impugned order dated 14.09.2022, this Court finds that there are ample materials available on record to prima facie show that the petitioner has raped the victim girl, which also stands corroborated from the statement made by the victim girl, under Section 164 Cr.P.C., before the learned Magistrate, apart from the fact that the learned Court below has found the victim girl to be a minor, hence, I do not find any merit in the present case, thus, the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/Saurav U T