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Patna High CourtCR. MISC./72827/2019dismissed

Chamaru Rishi v. The State Of Bihar

2019-12-04Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72827 of 2019 Arising Out of PS. Case No.-126 Year-2019 Thana- KADWA District- Katihar ====================================================== CHAMARU RISHI Son of Dashrath Rishi @ Khopari Rishi Resident of Village - Kumharwa, P.S.- Kadwa, District - Katihar. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Dr. Indiwar Kumari,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner in this case is seeking regular bail in connection with Kadwa P.S. Case No. 126 of 2019 registered for the offences punishable under Sections 376 of the Indian Penal Code and Section 4 of POCSO Act.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case, the FIR has been lodged after delay of two days of the alleged occurrence without giving any explanation for the said delay which creates doubt over the entire prosecution story.

Learned APP has opposed the prayer of bail.

Considering the facts and circumstances of the case wherein specific allegation of committing rape on 9 years old girl is there against this petitioner, this Court is not inclined to grant privilege of regular bail to the petitioner.

Patna High Court CR. MISC. No.72827 of 2019(2) dt.04-12-2019 2/2 The application is dismissed.

Let the trial be expedited.

(Rajeev Ranjan Prasad, J) avin/- U T