Pramod Bind @ Pramod Bin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80904 of 2023 Arising Out of PS. Case No.-87 Year-2023 Thana- DHANGAI District- Bhojpur ====================================================== Pramod Bind @ Pramod Bin Son Of Dharichan Bin @ Dharichan Chaudhary R/O Village- Kunai, P.S.- Dhangai, Dist.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :
Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Dhangai P.S. Case No. 87 of 2023 registered for the offence under Sections 363, 366A of the IPC.
3. As per allegation made in the F.I.R., the petitioner alongwith other co-accused person kidnapped the daughter of the informant with intention to marry her.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to enmity and village politics. He is custody since 19.08.2023.
5. However, learned APP for the State vehemently opposed the prayer for regular bail.
Patna High Court CR. MISC. No.80904 of 2023(3) dt.18-03-2024 2/2
6. On perusal of the FIR and impugned order dated 18.10.2023 passed by learned Additional Sessions Judge - 17, Bhojpur at Ara, it appears that on the basis of written report of the informant FIR was registered under Section 363 and 366A of the IPC against two accused persons including the present petitioner. On perusal of the case diary and the statement of victim recorded under Section 164 of Cr.P.C., it appears that petitioner has committed rape with the victim and the age of victim is 12 years. Investigation if concluded and charge sheet has been submitted in this case and the case found true under Section 366A, 376AB of the IPC and Section 4 /6 of POCSO Act as stated in para 66 of case diary, in these circumstances, I am not inclined to grant to the petitioner.
7. Accordingly, his prayer for bail stands rejected. (Ramesh Chand Malviya, J) saurabhkr/- U T