Patna High CourtCR. MISC./83430/2023bail rejected

Arvind Ram @ Arvind Kumar v. The State Of Bihar

2024-03-21Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83430 of 2023 Arising Out of PS. Case No.-75 Year-2022 Thana- PARSAUNI District- Sitamarhi ====================================================== Arvind Ram @ Arvind Kumar Son Of Vishwanath Ram R/O Village- Kataiya Persauni, P.S.- Purnahiya, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Anisur Rahman, Advocate For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Parsauni P.S. Case No. 75 of 2022, lodged on 12.05.2022, under Sections 376/504/506 of the Indian Penal Code and Section 4 of the POCSO Act.

3. As per the prosecution, allegation of rape and threatening is against the present petitioner along with other accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The antecedent of the petitioner is clean. He is in custody since 13.09.2023. Counsel submits that whatsoever happening took place all were with consent. Counsel submits that the marriage

Patna High Court CR. MISC. No.83430 of 2023(3) dt.21-03-2024 2/2 of the alleged victim has taken place with another person and she has been living with her husband peacefully.

5. Learned counsel for the State opposes the prayer for bail and submits that there is an allegation of rape with minor girl.

6. In this view of the matter, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. However, liberty is granted to the petitioner that after one year of taking cognizance the petitioner may renew the prayer for bail.

(Dr. Anshuman, J) Mkr./- U T