Patna High CourtCR. MISC./1613/2024bail rejected

Nanhua @ Rajesh Prajapati @ Rajesh Kumhar v. The State Of Bihar

2024-04-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1613 of 2024 Arising Out of PS. Case No.-235 Year-2023 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Nanhua @ Rajesh Prajapati @ Rajesh Kumhar SON OF Late Daroga Kumar @ Late Daroga Kumhar VILLAGE- TIYARA, P.S.- Ramgarh , DistrictKaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-04-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Ramgarh P.S. Case no.235 of 2023, registered under section 376 of the Indian Penal Code and sections 4 and 6 of the POCSO Act.

3. As per the prosecution case, the petitioner is said to have committed penetrative sexual assault on the 7 year old daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The medical report does not support the prosecution case nor has any material transpired in course of investigation to connect the petitioner with the alleged crime. He is in custody since 9.7.2023 and has no criminal antecedent. Charge-sheet has been

Patna High Court CR. MISC. No.1613 of 2024(4) dt.09-04-2024 2/2 submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the direct allegation against the petitioner in the FIR of having committed penetrative sexual assault on the 7 year old victim daughter of the informant, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Shiv/- U T