Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75138 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- MAHILA P.S. District- Vaishali ====================================================== ARUN KUMAR Son of Sewak Paswan Resident of Village-Dedhpura, P.S.- Mahnar, District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-11-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Mahila P.S. Case No. 24 of 2019, registered for the offence punishable under Sections 376, 506 of the Indian Penal Code and Sections 4, 6 of the POSCO Act.

The victim girl, who is the informant of this case, has alleged that while she had gone to banana orchard to ease out, the petitioner herein had dragged her and raped her. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 9.6.2019.

I have heard the learned counsel for the parties and

Patna High Court CR. MISC. No.75138 of 2019(2) dt.25-11-2019 2/2 I find that there is direct allegation against the petitioner herein of having raped the victim girl and the victim girl has also corroborated the incident in her statement under Section 164 of the Cr.P.C. before the learned Magistrate, as is apparent from the impugned order dated 5.9.2019. In fact, the learned Additional Sessions Judge 1st cum Special Judge, Hajipur at Vaishali, in the impugned order dated 5.9.2019, has also recorded that the aforesaid incident has also been corroborated by the witnesses, which is apparent from bare perusal of the case diary and the Sub-Divisional Officer has, in his supervision note, found the incident to be true. This Court finds that a heinous crime has been committed by the petitioner against the victim girl, hence, it would not be in the interest of justice, as also in the interest of society to enlarge such a person, as the petitioner herein, on bail, hence, the present petition stands dismissed.

(Mohit Kumar Shah, J) ajay gupta/- U T