Patna High CourtCR. MISC./66754/2023bail rejected

Nagendra Singh v. The State Of Bihar

2024-02-29Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66754 of 2023 Arising Out of PS. Case No.-106 Year-2023 Thana- PARSA District- Saran ====================================================== Nagendra Singh Son of Shivjee Singh R/o Vill - Narainpur, P.s. - Parsa, Distt. - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Parsa P.S. Case No. 106 of 2023, lodged on 30.04.2023, under Sections 376/506 of the Indian Penal Code and under Section 4/6 of the POCSO Act.

3. As per the prosecution, FIR has been lodged against the petitioner alleging therein that he has forcefully done wrong with the informant's daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the medical report and statement under Section 164 Cr.P.C. was called for which has come with the case-diary. Counsel submits that antecedent of the petitioner is clean. He is in custody since 01.05.2023. Charge sheet has already been filed.

Patna High Court CR. MISC. No.66754 of 2023(4) dt.29-02-2024 2/2

5. Learned counsel for the State opposes the prayer for bail and submits that in the case-diary statement under Section 164 Cr.P.C. states that the prosecutrix has supported the allegation made in the FIR but medical report does not support them.

6. In this background, this Court is not inclined to grant bail to the petitioner. Hence, the prayer for bail of the petitioner is hereby rejected. However, liberty is granted to the petitioner that he may renew his prayer for bail after one year from the date of taking cognizance.

(Dr. Anshuman, J) Mkr./- U T