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Patna High CourtCR. MISC./81003/2024dismissed

Rajesh Kumar @ Lelha @ Babloo Kumar v. The State Of Bihar

2025-02-27Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81003 of 2024 Arising Out of PS. Case No.-84 Year-2024 Thana- BALIYA District- Begusarai ====================================================== Rajesh Kumar @ Lelha @ Babloo Kumar Son of Ramanand Singh Resident of Village- Ballia, Bariyarpur, P.S.- Ballia, District- Begusarai, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Chandan Kumar Singh Son of Late Kari Singh R/O Vill.- Ballia, Bariyarpur, P.S.- Balia, Dist.- Begusarai, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarvottam Kumar, Advocate For the Opposite Party/s :

Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 376 of the Indian Penal Code and Sections 4, 6, 8, 11 (v) of the POCSO Act and Section 67(B) of the I.T. Act.

3. The case of the prosecution is that the case of the prosecution is that the informant was sleeping at his 'bathan', his wife was sleeping in another room and his daughter also sleeping in another room. In due course, at midnight, petitioner and one co-accused, namely, Satyam Kumar entered into the room of the victim and committed forcefully sexual intercourse

Patna High Court CR. MISC. No.81003 of 2024(5) dt.27-02-2025 2/2 and also prepared a video recording. The victim did not disclose this fact to anyone due to fear. It has further been contended that thereafter. one of the villager showed the said video to the informant. Hence the present FIR.

4. In this case report was called for regarding the stage of the trial and according to the report, learned trial Court fixed for recorded the statement of accused on 27.02.2025. The trial of this case is at the verge of fag end.

5. Considering the above facts and circumstances of the case, I am not inclined to extend the privilege of bail which is accordingly, rejected.

6. However, the petitioner will be at liberty to renew his prayer for bail after two months, if the trial is not concluded. (Ashok Kumar Pandey, J) Jagdish/- U T