Patna High CourtCR. APP (SJ)/155/2024bail rejected

Amresh Kumar v. The State Of Bihar

2024-04-26Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.155 of 2024 Arising Out of PS. Case No.-450 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== Amresh Kumar, aged about 25 years (Male), son of Ramchand Yadav @ Ramchan Yadav, resident of village- Samda Tola Kajichak, Ranichak, P.S. Sherghaty, District- Gaya ... ... Appellant/s

Versus

1. The State of Bihar

2. Anu Kumari, duaughter of Balchand Das, resident of village-Ranichak, P.S. Sherghaty, District-Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Shivendra Prasad, Advocate For the Respondent/s :

Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-04-2024 Heard learned counsel for the appellant and learned APP for the State.

2. The appellant is in custody in a case registered for the offence punishable under Section 376(ii) of the Indian Penal Code and Sections 4, 8 and 12 of the POCSO Act and Section 3(i)(c)(r)(s) 3 (2)(va) of the Scheduled Cast & Scheduled Tribes (Prevention of Atrocities) Act.

3. As per allegation in the FIR, when the informant went for sleep in her room and then villager Amresh Kumar(appellant) entered into her room and touch her breast and later on turn out her cloth and raped her when some persons gather and catch hold and assaulted the appellant.

Patna High Court CR. APP (SJ) No.155 of 2024(4) dt.26-04-2024 2/2

4. Learned counsel for the appellant submits that appellant has falsely been implicated in this case. Appellant is in custody since 06.05.2023.

5. Learned APP for the State opposes the prayer for bail of the appellant.

6. On perusal of the first information report, case diary, statement under Sections 164 of the Cr.P.C. and 161 of the Cr.P.C. and impugned order dated 24.11.2023, it appears that the victim in her statement under section 161 and 164 of the Cr.P.C. has stated that specific allegation for committing rape against the petitioner and the victim is a poor lady and witnesses have supported the case of the prosecution. The petitioner has been apprehended from the spot, considering which, I am not inclined to grant bail to the petitioner.

7. Prayer for bail of the appellant is hereby rejected.

8. The trial Court is directed to conclude the trial preferably within a period of one year.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T