Patna High CourtCR. MISC./82660/2023bail rejected

Niraj Kumar v. The State Of Bihar

2024-03-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82660 of 2023 Arising Out of PS. Case No.-62 Year-2023 Thana- BALIGAON District- Vaishali ====================================================== Niraj Kumar Son Of Lakhindra Paswan R/O Village- Khoajpur, P.S.- Baligaon, District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivjee Singh, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Baligaon P.S. Case No. 62/2023, lodged on 02.06.2023 under Sections 376D, 328/34 of the Indian Penal Code and Section 6 of The Protection of Children from Sexual Offences Act, 2012.

3. As per the prosecution case, the present FIR has been lodged against the five named accused persons including the petitioner alleging therein that they have committed rape upon the minor granddaughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 02.06.2023 having a clean antecedent and the charge has already been framed. Learned

Patna High Court CR. MISC. No.82660 of 2023(3) dt.07-03-2024 2/2 counsel for the petitioner further submits that the case diary as well as the progress of the trial has been called for.

5. Learned counsel for the State opposes the prayer for bail and submits that the case diary along with the statement of the victim girl under Section 164 of the Cr. P.C. has come. In 164 Cr. P.C. statement the victim has categorically named the present petitioner along with others in the commission of the said crime.

6. Considering the nature of the allegation, I am not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Baligaon P.S. Case No. 62/2023, pending before the learned Additional Sessions Judge -VI-cumSpecial Judge, POCSO Act, Vaishali at Hajipur is hereby rejected.

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