Patna High CourtCR. MISC./65003/2022rejected

Basant Mistry v. The State Of Bihar

2023-03-24Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65003 of 2022 Arising Out of PS. Case No.-73 Year-2022 Thana- MAHILA PS District- Gaya ====================================================== Basant Mistry Son Of Late Lakhan Mistri R/O Village- Moniyatri, P.S.- Barachatti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376, 376(AB) of the Indian Penal Code and Section 4 of the POCSO Act.

The Prosecution case, in short, is that on 22.08.2022 at about 6:00 P.M. the informant's daughter aged about 5 years who had gone to watch T.V. in the house of Basant Mistry and in the meanwhile the informant heard cry of her daughter and when she reached there she saw that the jeans and undergarments of her daughter was taken off then she asked her daughter who told that the petitioner Basant Mistry was inserting finger in her genital so the victim felt pain and began to weep.

Patna High Court CR. MISC. No.65003 of 2022(3) dt.24-03-2023 2/2 Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and no such occurrence has taken place.

Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner, and submits that the statement of the victim girl was recorded under Sections 164 of the Cr. P.C. who is aged about 5 years of old in which she has categorically stated that the petitioner has committed wrong with her.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Gaya Mahila P.S. Case No. 73 of 2022 pending in the Court of learned Special Judge POCSO Court-cum-Additional District & Sessions Judge-VI, Gaya.

Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T