Patna High CourtCR. MISC./59637/2019dismissed

Ravi Kumar v. The State Of Bihar

2019-11-27Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59637 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- BENIPATTI District- Madhubani ====================================================== RAVI KUMAR S/o Shri Bilash Ram @ Bilas Ram Resident of VillageChahuta, P.S.- Benipatti, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner in the present case is seeking regular bail in connection with G.R. No. 7/2019 arising out of Benipatti P.S. Case No. 14 of 2019 registered under Sections 376(A)(B) of the Indian Penal Code and 3⁄4 of the POCSO Act, pending in the court of learned 1st Additional Sessions Judge, Madhubani. Learned counsel for the petitioner submits that the prosecution story is totally false and baseless and no such occurrence took place as alleged by the informant. Learned A.P.P. for the State has opposed the prayer for bail submits that there is allegation of rape of a minor girl aged between 8 to 9 years who supported her statement under Section 164 Cr.P.C. and the medical report shows injury to her private

Patna High Court CR. MISC. No.59637 of 2019(3) dt.27-11-2019 2/2 part suggestive of sexual assault.

Considering the facts and circumstances of the case wherein the allegation against the petitioner is that of commission of rape of a minor girl aged between 8 to 9 years, she has narrated the entire story and has supported her case under Section 164 Cr.P.C. and even the medical report shows injury to her private part suggestive of sexual assault, this court is not inclined to grant privilege of regular bail to the petitioner. Prayer for regular bail of the petitioner is refused. Let the trial of this case be expedited.

(Rajeev Ranjan Prasad, J) Rajeev/- U T