Patna High CourtCR. MISC./1825/2023dismissed

Deep Narayan Choudhary v. The State Of Bihar

2023-05-25Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1825 of 2023 Arising Out of PS. Case No.-305 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== DEEP NARAYAN CHOUDHARY S/O EKBAL CHAUDHARY Resident of Village and P.O.- Shikarpur, District- West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-05-2023 Heard learned counsel for petitioner and learned Additional Public Prosecutor.

Let the defect(s), if any, be removed within a period of four weeks from today.

This application is filed for grant of regular bail in connection with Shikarpur P.S. Case No. 305 of 2022 registered under section 376 of the Indian Penal Code and Section 4/12 of POCSO Act.

The prosecution story is short is that one Deep Narayan Yadav enticed and took the daughter of the informant and raped her on the pretext of marriage.

Learned counsel for the petitioner submits that this is not a case of rape but of consensual sex by the petitioner and the victim and allegation may be false as the petitioner did not

Patna High Court CR. MISC. No.1825 of 2023(3) dt.25-05-2023 2/2 marry the victim.

Learned A.P.P. has vehemently opposed the prayer for bail and has submitted that the minor girl has been raped by the petitioner and thereafter various kinds of defenses have been taken.

From reading the records and the statement made under Section 164 of the Cr.P.C. by the victim girl, it appears that the victim is a minor. The victim has been raped by the petitioner. The villagers tried to intervene so that the case is not registered and they tried to fix the marriage of the petitioner with the victim which has not happened. This delay has happened because of the intervention of the village people and this cannot be ground for grant of bail to the petitioner. When the petitioner is found to have committed rape of the minor, he has to suffer the consequences. Accordingly, this application is dismissed.

The trial Court is directed to expedite the trial as early as possible.

(Sandeep Kumar, J) Sunnykr/- U T