Bharat Kumar Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61337 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- JALALGARH District- Purnia ====================================================== BHARAT KUMAR CHOUHAN Son of Ramdev Chouhan Resident of Village-Seema, P.S.-Jalalgarh, District-Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Advocate :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-03-2021 Heard the learned counsel for the petitioner and Sri Ashok Kumar, the learned APP for the State. The petitioner seeks regular bail in connection with Jalalgarh PS case no. 31 of 2019 instituted for the offences punishable under Sections 341, 323, 324, 376/34 of Indian Penal Code and 4 of POCSO Act.

The allegation is regarding the petitioner having raped the victim girl i.e. the daughter of the informant. The learned Senior counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 06.07.2019. The learned Senior counsel for the petitioner has further submitted that the FIR has

Patna High Court CR. MISC. No.61337 of 2019(7) dt.22-03-2021 2/2 been lodged after some delay and moreover, the circumstances would show that the petitioner has been falsely implicated, on account of previous enmity.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties, taking into account the materials available on record as also those available in the case diary and having perused the statement made by the victim girl under Section 164 Cr.P.C. before the learned Magistrate, this Court finds that prima facie, a case is definitely made out against the petitioner for the offences alleged and he is having complicity in the heinous crime of having raped the victim girl, hence I do not find any merit in the present case, accordingly the same stands dismissed.

(Mohit Kumar Shah, J) rinkee/- U T