Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68553 of 2024 Arising Out of PS. Case No.-75 Year-2023 Thana- KAJRAILI District- Bhagalpur ====================================================== Chhotu Kumar S/o Ramvaran Yadav Resident of vill- Gorachouki, PSKajraili, District- Bhagalpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sintu Yadav S/o Late Harosi Yadav R/o vill - Gonchouki, P.S. - Kajraili, Distt. - Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s :
Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-12-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2.
The petitioner seeks bail in connection with Kajraili P.S. Case No. 75 of 2023 instituted for the offence under Sections 341, 307, 376, 504, 506 & 34 of the Indian Penal Code, Section 4 of the POCSO Act and Section 67 of the I.T. Act.
3.
As per prosecution case, the allegation against the petitioner is of committing rape upon the minor daughter of the informant and later on uploading the obscene photographs through social media.
4.
It has been submitted on behalf of the petitioner
Patna High Court CR. MISC. No.68553 of 2024(3) dt.03-12-2024 2/3 that the petitioner is in custody since 25-07-2024. Petitioner is a man of clean antecedent.
5.
It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that there is delay of eight days in lodging of the FIR. It is submitted that victim has not raised any voice or protested against the petitioner nor the victim has disclosed about committing rape upon her just after the commission of the offence. It is submitted that no obscene photograph has been recovered during entire course of investigation. Learned counsel goes on to submit that medical report does not corroborate the allegation levelled in the FIR.
6.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is fervently submitted that victim in her statement recorded under Section 164 of the Cr.P.C. has fully supported the prosecution case.
7.
Considering the aforesaid facts and circumstances of the case and taking into account the fact that there is direct allegation against the petitioner of committing rape upon the minor daughter of the informant, which fact is corroborated by the statement of the victim recorded under Section 164 of the
Patna High Court CR. MISC. No.68553 of 2024(3) dt.03-12-2024 3/3 Cr.P.C., this Court, at this stage, is not inclined to grant bail to the petitioner. Prayer is accordingly rejected. 8.
The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.
(Rudra Prakash Mishra, J) Raj Kishore/- U T