Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80573 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- MAHILA P.S. District- Vaishali ====================================================== Vijay Kumar, Son of Shatrughan Sah, Resident of Village - Rajkhand, P.S.- Goraul, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kishor For the Opposite Party/s :

Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-01-2020 Petitioner seeks regular bail in connection with Mahila P.S. Case No. 34 of 2019 registered for the offences punishable under Sections 341, 323, 506, 376/34 of IPC and Section 4 of the POCSO Act, 66(A) of the I.T. Act. As per prosecution case, one of the co-accused has committed rape upon the informant and petitioner was making video of the same from his mobile phone.

Submission of learned counsel for the petitioner is that the statement under Section 164 of Cr.P.C. disclosed that petitioner has not committed any rape and the allegation of making video is false. He is in custody for three months. Charge sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Heard learned A.P.P. also, who has opposed the prayer

Patna High Court CR. MISC. No.80573 of 2019(3) dt.13-01-2020 2/2 for bail.

Having heard both sides, in view of the above, at this stage, I am not inclined to grant bail to the petitioner. However, once the charge has been framed, he is at liberty to renew his prayer for bail.

With the above observations, this application is dismissed.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T