Bashawan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49140 of 2018 Arising Out of PS. Case No.-40 Year-2018 Thana- KARJA District- Muzaffarpur ====================================================== Bashawan Rai, Son of Bainathi Rai, Resident of Village Goriyara, P.S. Karja, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Mukesh Kumar, Advocate For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-09-2018 Heard Sri Mukesh Kumar, learned counsel for the petitioner. None appeared on behalf of the State. The sole petitioner, who is in custody since 19.03.2018 in connection with Karja P.S. Case No. 40 of 2018, registered for the offence under Sections 376/506/34 of the Indian Penal Code, 1860 and Section 4/6 of the Protection of Children From Sexual Offences Act, 2012 , has prayed for grant of bail.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case, however, he accepts that before the court below in the case charge has already been framed. Besides this, it appears that victim in her statement recorded under Section 164 of the Code of Criminal Procedure, 1973 has categorically corroborated the

Patna High Court Cr.Misc. No.49140 of 2018(3) dt.19-09-2018 2/2 accusation against the petitioner.

Considering the nature of accusation as well as the fact that charge has already been framed meaning thereby that trial has already commenced, there is no reason to entertain the prayer for grant of bail.

The petition stands dismissed.

(Rakesh Kumar, J) praful/- U T