Patna High CourtCR. MISC./74656/2023bail rejected

Raju Singh v. The State Of Bihar

2023-11-24Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74656 of 2023 Arising Out of PS. Case No.-300 Year-2021 Thana- KORHA District- Katihar ====================================================== Raju Singh, Son Of Arjun Singh R/O Village- Mabaiya, P.S.- Korha, DistrictKatihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rohit Kumar, Adv.

For the Opposite Party/s :

Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Korha Town P.S. Case No. 300 of 2021, lodged on 01.07.2021 under Sections 341, 323, 363, 366(A), 504, 506/34 of the Indian Penal Code and section 3(1)(r)(s), 3(2)(va) of the SC/ST Act but cognizance and charge has been framed under section 363, 366(A) and 376 of IPC and section 4 of POCSO Act.

3. As per the prosecution case, the FIR has been lodged against 3 accused persons including the present petitioner. The allegation against the petitioner is of kidnapping the informant's daughter and committing rape. As per statement under section 164 Cr.P.C., the victim girl has proved the allegation upon the petitioner to be true.

Patna High Court CR. MISC. No.74656 of 2023(2) dt.24-11-2023 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the antecedent of the petitioner is clean and he is in custody since 17.05.2022.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that it is clear from the statement under section 164 Cr.P.C., that the petitioner has committed rape upon the victim girl.

6. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Korha Town P.S. Case No. 300 of 2021, pending before the learned Additional District and Sessions Judge-VII-cum-Special Judge, POCSO Act, Katihar is hereby rejected.

(Dr. Anshuman, J.) Divyansh/- U T