Patna High CourtCR. MISC./71274/2021bail rejected

Munna Kumar @ Munna Singh v. The State Of Bihar

2022-04-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71274 of 2021 In CRIMINAL APPEAL (SJ) No.3418 of 2021 Arising Out of PS. Case No.-124 Year-2020 Thana- ROHTAS District- Rohtas ====================================================== MUNNA KUMAR @ MUNNA SINGH S/o Gauri Singh R/o villageSamnuta Kalyanpur, P.S.- Rohtas, District- Rohtas ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukund Mohan Jha For the Opposite Party/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-04-2022 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Rohtas P.S. Case No. 124 of 2020 corresponding to POCSO Case No. 47 of 2020, registered for the offence punishable under Sections 365, 366(A), 370(A), 376(D), 120(B)/34 of the Indian Penal Code, section 4(2)(6) of the POCSO Act, section 3(2)(V) of the SC/ST Act and section 9/10/11 of the Children Marriage Act.

As per the prosecution case, on 6.7.2020 minor daughter of the informant was kidnapped by the petitioner and other accused persons named in the FIR.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case as no substantive evidence has been collected during course of investigation to

Patna High Court CR. MISC. No.71274 of 2021(5) dt.28-04-2022 2/2 suggest the implication of this petitioner in the present case. FIR has been lodged after delay of 6 days and there is no explanation of delay in lodging of the case.

Learned counsel appearing for the State opposes the prayer for bail. He submits that the victim in her statement recorded under section 164 Cr. P. C. has named this petitioner as one who committed rape on her.

Considering the aforesaid statement of the victim, prayer for bail of the petitioner is rejected. (Prabhat Kumar Singh, J) shashi/- U T