Patna High CourtCR. MISC./72043/2023rejected

Mahavir Yadav v. The State Of Bihar

2024-01-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72043 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- SIKTA District- West Champaran ====================================================== Mahavir Yadav Son Of Prabhu Yadav Resident Of Village- Shikarpur, PsSikta, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gauri Shankar Thakur For the Opposite Party/s :

Mr.Kanhaiya Kishore (App ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for regular bail has been filed by the petitioner in connection with Sikta P.S. Case no. 50 of 2023 instituted for the offence punishable under Sections 363, 366(A) of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per allegation in the FIR, petitioner has abducted the minor daughter of the informant, aged about 13 years, and took her to Jhalandhar for two months and committed rape on regular basis.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Victim was in talking term with the

Patna High Court CR. MISC. No.72043 of 2023(3) dt.31-01-2024 2/2 petitioner and there was love affair between them. There is delay of two months in lodging the FIR, which creates doubt in authenticity of the prosecution case. Petitioner has got no criminal antecedent and languishing in judicial custody since 27.5.2023.

5. Learned APP appearing for the State has opposed the prayer of bail and submitted that statement of the victim girl was got recorded under Section 164 Cr.P.C., wherein she has made direct allegation of abduction and rape against the petitioner. AS per deposition report, victim girl is minor of 13 years.

6. Having heard learned counsel for the parties and taking into consideration that there is direct allegation of committing rape against the petitioner upon the minor girl of the informant, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

7. The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/-