Patna High CourtCR. MISC./76695/2023bail rejected

Raushan Jha v. The State Of Bihar

2024-02-29Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76695 of 2023 Arising Out of PS. Case No.-12 Year-2023 Thana- MAHILA P.S. District- Sheohar ====================================================== Raushan Jha Son Of Late Vedanand Jha R/O Village- Sugiya Katsari, P.S.- Sheohar, Dist.- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sheohar Mahila P.S. Case no. 12 of 2023 registered under sections 376, 323, 341 and 506 of the Indian Penal Code and sections 4 and 6 of the POCSO Act.

3. As per the prosecution case, the informant states that the petitioner on the point of knife committed rape on his minor daughter.

4. Learned counsel for the petitioner submits that the petitioner has been falsely been implicated in the case for oblique reasons. No such occurrence as alleged has taken place. The medical report does not support the prosecution case. The

Patna High Court CR. MISC. No.76695 of 2023(3) dt.29-02-2024 2/2 petitioner is in custody since 12.7.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R of the petitioner having committed rape on the minor daughter of the informant, the statement of the minor victim whose age as on medical assessment has been estimated to be 15-16 years and her having supported the allegations of rape against this petitioner, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) Harsh/- U T