Dipu Kumar @ Bittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77624 of 2023 Arising Out of PS. Case No.-203 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== DIPU KUMAR @ BITTU S/O MR. SATISH KUMAR R/O VILLAGESIMRA, P.S- BELAGANJ, DISTT.- GAYA. ... ... Petitioner/s

Versus

1.

The State Of Bihar Bihar 2.

X aged about 14 years, D/o Vimal Kumar R/V- Simra, P.S.- Belaganj, Distt.- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Ms.Vaishnavi Singh, Advocate For the State :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Belaganj P.S. Case No. 203 of 2023 registered for the offence punishable under Sections 376(G) of the Indian Penal Code and Sections 4 and 6 of the POCSO Act.

3. The petitioner is accused of committing rape upon the victim who is alleged to be a minor. The petitioner is in jail since 22.04.2023.

4. Mr. Ajay Kumar Thakur, learned counsel appearing for the petitioner has submitted that the victim has been held to be a major in the medical examination and the medical report

Patna High Court CR. MISC. No.77624 of 2023(7) dt.06-12-2024 2/2 does not support the prosecution case.

5. Learned counsel for the informant and learned APP for the State have opposed the prayer for bail of the petitioner.

6. Considering the fact that the victim has alleged rape by the petitioner and another person, I am not inclined to grant bail to the petitioner.

7. Accordingly, this application stands dismissed. (Sandeep Kumar, J) P. Kumar U T