Rupesh Bhagat @ Kundan Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59288 of 2022 Arising Out of PS. Case No.-42 Year-2022 Thana- MAHILA P.S. District- Rohtas ====================================================== Rupesh Bhagat @ Kundan Bhagat ,S/o Satyendra Bhagat R/V- Kaniari, P.S.- Dinara (Bhanas O.P.), Distt- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Advocate Mr. Shashikant, Advocate For the Opposite Party/s :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Mahila P.S. Case No. 42 of 2022 registered for the offences punishable under Sections 366(A) and 376 of the Indian Penal Code and Sections 4/6 of POCSO Act.

As per the prosecution, the informant's minor daughter (victim) aged about 16 years was kidnapped and raped by this petitioner at the alleged place.

The main submissions advanced by the learned counsel for the petitioner are that the instant matter was lodged due to previous enmity running in between both the parties, the so-called victim has made contradictory statements in her

Patna High Court CR. MISC. No.59288 of 2022(3) dt.22-03-2023 2/2 statements recorded under sections 161 and 164 of Cr.P.C. respectively and the FIR was lodged after the delay of more than two days but the same has not been explained by the prosecution, petitioner is young and educated person and has been languishing in jail since 06.08.2022 and during investigation only interested witnesses were examined. Learned APP appearing for the State has opposed the bail prayer.

Considering the seriousness of the allegation appearing against this petitioner from the FIR as well as getting support from the victim's statement recorded by her before the Judicial Magistrate, this court is not inclined to accept his bail prayer for the present. Accordingly, his bail prayer stands rejected.

(Shailendra Singh, J) Rajiv/- U T