Pankaj Das v. The State Of Bihar
Patna High Court Cr.Misc. No.52453 of 2018 (3) dt.01-11-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52453 of 2018 Arising Out of PS.Case No. -75 Year- 2018 Thana -KOTWA District- EASTCHAMPARAN (MOTIHARI) ======================================================
1. Pankaj Das S/o Subhash Das, R/o Vill.- Fateh Tola (Sihorwa Karariya), P.S.- Kotwa, Distt.- East Champaran, Motihari. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anshu Dhar Sharma For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-11-2018 The petitioner seeks regular bail in connection with Kotwa P.S. Case No. 75 of 2018, registered for offences punishable under Sections 376(D) of the Indian Penal Code and Section 06/12 of POCSO Act and 66(a)/66(b) of IT Act. Allegation against the petitioner and others is of commission of rape upon the minor daughter of the informant and also of filming the offence making it viral on social media. It has been submitted on behalf of the petitioner that he has falsely been implicated as there was dispute between the informant and the petitioner with regard to payment of wages. Further submission is that there is delay of twelve days in lodging the F.I.R. Petitioner has no criminal antecedent and has been in judicial custody since 01.05.2018.
Patna High Court Cr.Misc. No.52453 of 2018 (3) dt.01-11-2018 Learned counsel for the State opposed the prayer for bail on the ground that sufficient materials are there in the case diary to show that the petitioner and others committed rape upon the minor daughter of the informant and also filmed the offence and made it viral on social media.
Having heard both sides, considering the aforementioned facts and circumstances as well as the nature of offence, I am not inclined to enlarge the petitioner on bail.
This application is, accordingly, dismissed.
(Vinod Kumar Sinha, J) sunil/- U T