Patna High CourtCR. MISC./84784/2023dismissed

Kanhaiya Gond @ Kanhaiya v. The State Of Bihar

2024-04-10Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84784 of 2023 Arising Out of PS. Case No.-262 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== KANHAIYA GOND @ KANHAIYA MOHAN GOND R/O VILLAGENAWADERA, P.S.- DUMRAON, DIST.- BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Buxar Industrial P.S. Case No. 262 of 2023 registered for the offence under Section 376 D of the Indian Penal Code and under Section 67(A) of the I.T. Act.

3. As per the prosecution case, the petitioner is alleged to have committed rape upon the victim girl.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that there is a delay of 3 days in lodging the FIR and therefore the allegation of the prosecution side is doubtful.

5. It is also submitted by the learned counsel for the

Patna High Court CR. MISC. No.84784 of 2023(3) dt.10-04-2024 2/2 petitioner that the petitioner is in jail since 18.09.2023.

6. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail by contending that there is direct allegation against the petitioner of committing rape.

7. Considering the aforesaid facts and the serious allegation of rape against the petitioner, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, the application of the petitioner for grant of regular bail is dismissed.

9. The trial Court is directed to expedite the trial of the petitioner.

(Sandeep Kumar, J) Vikas/- U T