Pravesh Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70632 of 2022 Arising Out of PS. Case No.-706 Year-2022 Thana- SUPAUL District- Supaul ====================================================== PRAVESH MEHTA S/O Chandra Bhushan Mehta R/O Village- Latraha, Ward No- 13, P.S and District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Supaul P.S. Case No. 706 of 2022 instituted for the offence under Sections 323, 365, 376, 372, 504, 506/34 of the Indian Penal Code and Section 4 of the POCSO Act.

As per allegation in the FIR, while the victim/ informant came out of his house for some work, meanwhile, the petitioner along with 2-3 accused persons abducted her for the purpose of trafficking and confined her in a room. It is further alleged that the petitioner also committed rape forcefully with the victim on point of gun.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.70632 of 2022(3) dt.18-03-2023 2/3 petitioner is innocent and committed no offence. He has falsely been implicated in this case due to land dispute. It is further submitted that the family members of the victim did not lodged FIR in respect of this offence rather when the victim recovered then she lodged FIR herself, due to this fact, suspicion might be raised. The petitioner is languishing in judicial custody since 20.7.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is named in FIR. According to statement of victim recorded under section 164 of Cr.P.C., she made direction allegation of rape against the petitioner. The victim further stated that the petitioner with help of other accused persons abducted her and committed rape forcefully after confined her in a room. As per prosecution story, the victim girl is minor. It is further submitted that during investigation, witnesses also supported the prosecution version.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and

Patna High Court CR. MISC. No.70632 of 2022(3) dt.18-03-2023 3/3 conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Amandeep/- U T