Patna High CourtCR. MISC./76939/2023bail rejected

Pintu Uraon v. The State Of Bihar

2024-02-29Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76939 of 2023 Arising Out of PS. Case No.-310 Year-2020 Thana- MANER District- Patna ====================================================== Pintu Uraon S/O Pradip Uraon R/O- Birpi , Ps. Bhandra Dist. Lohardaga (JHARKHAND) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-02-2024

1. No one appears for the petitioner. Learned APP for the State is present.

2. The petitioner has preferred this application for grant of regular bail in connection with Special Case no. 117 of 2020 arising out of Maner P.S. Case no. 310 of 2020 registered under sections 376D, 323, 341, 342, 417 and 120B of the Indian Penal Code and sections 4 and 6 of the POCSO Act.

3. As per the prosecution case, the accused persons including the petitioner herein are said to have committed rape on the informant.

4. On perusal of the contents of the bail petition it transpires that the case of the petitioner is that he is innocent and has falsely been implicated in the case. The victim did not identify the petitioner in her deposition. He has not been put on

Patna High Court CR. MISC. No.76939 of 2023(3) dt.29-02-2024 2/2 T.I parade. He is in custody since 21.6.2020 and undertakes to cooperate in the trial.

5. The application for bail is opposed by learned APP for the State who submits that there is direct allegation against this petitioner in the F.I.R. Further from the order of the learned trial Court it transpires that the trial has proceeded and three witnesses have been examined on behalf of the prosecution.

6. Having heard learned APP for the State and having perused the material on record, taking into consideration the allegations in the F.I.R wherein there is allegation against the petitioner of having committed rape on the informant together with the trial having proceeded in the learned trial Court with the examination of three prosecution witnesses, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) Harsh/- U T