Shiv Nandan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71321 of 2023 Arising Out of PS. Case No.-148 Year-2023 Thana- MAIRWAN District- Siwan ====================================================== Shiv Nandan Ram Son Of Ram Prasad Ram Resident Of Village - Vijayipur, Tola - Udiyanpur, P.S. - Mairwa, District - Siwan, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kant, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-11-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mairwan P.S. Case No. 148 of 2023 registered for the offence under Sections 376 of the Indian Penal Code and Under Section 4 and 6 of the POCSO of the Act.

3. As per the prosecution case, the allegation against this petitioner is of commission of rape against 11 years old minor girl.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He is in custody since 20.05.2023. It is further submitted by the learned counsel for the petitioner that a talk of settlement between the parties is going on.

Patna High Court CR. MISC. No.71321 of 2023(2) dt.07-11-2023 2/2

5. Learned A.P.P. has vehemently opposed the prayer for bail and has submitted that victim girl in her statement made under Section 164 Cr.P.C. has supported the allegation against the petitioner.

6. Considering the serious allegation of rape against the petitioner, I am not inclined to grant bail to the petitioner.

7. This application stands rejected.

(Sandeep Kumar, J) Shishir/- U T