Pramod Kumar @ Pramod Kumar Singh @ Pramod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67959 of 2022 Arising Out of PS. Case No.-239 Year-2022 Thana- RANIGANJ District- Araria ====================================================== PRAMOD KUMAR @ PRAMOD KUMAR SINGH @ PRAMOD SINGH S/o Late Ganeshi Singh @ Ganesh Kumar Singh R/o Village- Kamalpur, Ward no.-13, Thana- Raniganj, distt- Araria (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-04-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Raniganj P.S. Case No. 239 of 2022, registered for the offences punishable under Sections 354(B) and 376 of the Indian Penal Code and Section 04, 8/12 of POCSO Act. The prosecutrix is a girl of 14 years of age as per medical report. She states that in absence of her mother, the petitioner entered into her house and forcibly committed rape upon her.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The informant, who is mother of the victim has filed a

Patna High Court CR. MISC. No.67959 of 2022(3) dt.12-04-2023 2/2 petition before the learned court below in which she has stated that her thumb impression was obtained on blank paper. He has submitted further that both the parties have compromised the case.

On the other hand, the learned APP has opposed the prayer for bail and submitted that the age of the victim, as per medical report, is 14 years. The petitioner, in absence of her mother forcibly committed rape, after entering into her house and she has corroborated the recitals of fardbeyan in her statement under Section 164 of the Cr.P.C.

In my view, the petitioner does not deserve the privileges for bail. Accordingly, it is rejected. The court below is directed to conclude the trial expeditiously.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T