Sudhir Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18152 of 2018 Arising Out of PS.Case No. -37 Year- 2017 Thana -ALINAGAR District- DARBHANGA ====================================================== Sudhir Chaupal, son of Harinandan Chaupal, resident of village- Gosva, P.S.- Alinagar, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Karn For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 29-03-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody since 14.06.2017 seeks bail in connection with Alinagar P.S.Case No. 37 of 2017 registered under Sections 376, 341 and 323/34 of the Indian penal Code and 4 and 6 of the POCSO Act.

Allegation in brief is that while the parents of the prosecutrix were away, not in house, at night petitioner entered into the house and committed rape with her.

Submission is that FIR was lodged after four days and both are neighbours and it's a case of false implication. Whereas learned counsel for the State submits that there is specific allegation of committing rape against the petitioner and there is no motive of false implication.

Having considered the aforesaid facts and circumstances,

Patna High Court Cr.Misc. No.18152 of 2018 (2) dt.29-03-2018 2/2 the prayer of bail of the petitioner is rejected. (Arun Kumar, J) Sujit/- U T