Rajesh Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69097 of 2018 Arising Out of PS. Case No.-272 Year-2018 Thana- KORHA District- Katihar ====================================================== Rajesh Kumar Sharma Son of O.P. Sharma Resident of Village-Rahika Tol,Bishahariya,P.S. Korha,Distt.-Katihar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Yadav For the Opposite Party/s :

Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2018 Petitioner prays for bail in connection with Korha P.S.Case No. 272 of 2018 registered for the offences punishable under Sections 376, 120B of the Indian Penal Code and Section 4 of POCSO Act.

Allegation as per FIR is that one Kajal called the informant and thereafter petitioner and one Raja Kumar Yadav had made physical relationship with informant and thereafter she was left.

Submission of learned counsel for the petitioner is that the victim in her statement recorded under Section 164 Cr.P.C. has stated that co-accused Raja Kumar Yadav had made intercourse with her and not named the petitioner and petitioner is in custody since 31.7.2018.

Heard learned APP also, who has opposed the prayer

Patna High Court Cr.Misc. No.69097 of 2018(3) dt.20-12-2018 2/2 for bail of the petitioner stating that the victim in her statement under Section 164 Cr.P.C. has named this petitioner and also stated that Raja Kumar Yadav has committed rape upon her and other three accused persons caught hold of her leg. Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U T