Jai Krishna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63213 of 2022 Arising Out of PS. Case No.-292 Year-2020 Thana- PIPRA District- Supaul ====================================================== Jai Krishna Kumar Son Of Arun Mandal R/O Village- Tulapatti (WARD No.11), P.S.- Pipra, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Jha, Advocate For the Opposite Party/s :
Mrs.Suman Kumari Singh, 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 376,506,34 of IPC and Sections 4/6 of POCSO Act.
Allegation against the petitioner is that he along with other co-accused persons committed rape with the informant. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. Further submits that no such occurrence has taken place as alleged in the FIR and the FIR is false and fabricated. Further submits that after the occurrence, the petitioner has performed the marriage with the victim girl but he has not furnished the date and place of marriage. Learned APP for the State, on the other hand, on the
Patna High Court CR. MISC. No.63213 of 2022(3) dt.21-03-2023 2/2 basis of the material available on record as well as the case diary, has vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation that the petitioner has committed rape upon the victim. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Pipra P.S. Case No. 292 of 2020 giving rise to POCSO Case No.65 of 2020 pending in the court of learned Additional Sessions Judge-VIcum-Special Judge, POCSO Act, Supaul. Prayer is refused.
(Rajesh Kumar Verma, J) Nitesh/- U T