In a criminal miscellaneous matter arising from a police case alleging rape on a minor under Gujarat Act and IPC Section 376, the High Court rejected the applicant's prayer for bail due to the grave nature of the allegations and supported prosecution statement.
Bail prayer rejected. The petitioner shall remain in custody.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12072 of 2021
Arising Out of PS. Case No.-72 Year-2020 Thana- TATARPUR District- Bhagalpur
======================================================
AMAN THAKUR Son of Subodh Thakur R/O Mohalla - Golahgat, P.S.Tatarpur, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ravindra Kumar For the Opposite Party/s : Mr.Atul Chandra, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
Video Conferencing under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Tatarpur P.S. Case No. 72 of 2020, registered for the offence punishable under Section 376 of the Indian Penal Code and section 4 of the POCSO Act.
As per the prosecution case, this petitioner is alleged to have entered into the house of informant, took away his daughter and committed rape with her.
It is submitted on behalf of the petitioner that petitioner has falsely been implicated. No such occurrence as alleged in the FIR has taken place and the victim girl in her 164 statement has not stated about commission of rape upon her. In
Patna High Court CR. MISC. No.12072 of 2021(3) dt.06-08-2021 2/2
medical report, the doctor has not found any sign of recent sexual intercourse and the age of victim girl is between 17 to 19 years. Petitioner is aged about 18 years and he is in custody since 01.06.2020 having no criminal antecedent. Chargesheet has already been submitted.
Learned APP however, vehemently opposed the prayer for bail and submitted that the victim girl in her statement under Section 164 Cr.P.C has supported the prosecution case and rape is legal finding and not a medical finding.
Considering the facts aforesaid and the nature of allegation and gravity of offence, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J)
vinita/- U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case alleging rape committed against a minor under Section 376 IPC and Section 4 POCSO.
2 provisions across 2 enactments
Aman Thakur
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
