Patna High CourtCR. MISC./64200/2023bail rejected

Bipin Kumar v. The State Of Bihar

2023-12-06Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 64200 of 2023 Arising Out of PS. Case No.-788 Year-2023 Thana- DANAPUR District- Patna ====================================================== BIPIN KUMAR S/O BALESHWAR PRASAD R/O VILLAGE- ERKI, P.SMOHANPUR, DISTT.- GAYA. AT PRESENT R/O BALAJI NAGAR, P.SDANAPUR, DISTT.- PATNA, BIHAR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad, Adv For the Opposite Party/s :

Mr.Shailendra Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Special Case No. 167 of 2023 arising out of Danapur P.S. Case No. 788/2023 registered on 11.06.2023 lodged under Sections 376/511, 506 of the I.P.C. and 8/12 of the POCSO Act.

3. As per the prosecution case, F.I.R. has been lodged against the petitioner who is the controller of the coaching institute in whose institute in informant use to visit the institute against who the allegation is that he has outraged the modesty of the informant and tried to rape her.

4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner

Patna High Court CR. MISC. No. 64200 of 2023(3) dt.06-12-2023 2/2 is in custody since 12.06.2023 having clean antecedent. He further submits that under the deep rooted conspiracy, this case has been lodged against him.

5. Learned counsel for the State opposes the prayer for bail and submits that case diary has been called for vide order dated 11.10.2023.

6. Upon perusal of the Case diary and statement under Section 164 Cr.P.C., it transpires to this Court that the allegation made in the F.I.R. is fully supported by the victim.

7. Upon specific query made by the Court that whether charge has been framed or not, counsel submits that as per his knowledge charge has not been framed.

8. In the present facts and circumstance, the bail petition of the petitioner stands rejected. However, he is at liberty to renew his prayer for bail after framing of charge. (Dr. Anshuman, J) sunnykr/- U