Criminal Miscellaneous application filed by the petitioner in custody for rape, sexual assault on a child, and affray. Court rejected bail plea citing gravity of offences.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52589 of 2021
Arising Out of PS. Case No.-176 Year-2021 Thana- RAJNAGAR District- Madhubani
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Shyam Sundar Sharma, Son of Yogendra Thakur @ Yogendra Sharma Resident of Village - Raima, Police Station - Saharghat, District - Madhubani, At present Patbara Chowk, Police Station - Rajnagar, District - Madhubani.
| The State of Bihar =================== |
Versus ... ... ====================== |
... ... Petitioner/s Opposite Party/s ============= |
|---|---|---|
| Appearance : |
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| For the Petitioner/s : |
Mr. Md. Soban Asghar, Adv. | |
| For the Opposite Party/s : =================== |
Mr. Md. Fahimuddin, APP ====================== |
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
Heard learned counsel for the petitioner and the
learned APP.
The petitioner is in custody in connection with Rajnagar P.S. Case No.176 of 2021 (G.R. No.44 of 2021) under Sections 376, 504, 506 of the Indian Penal Code and Section 4 of the POCSO Act,2012.
As per the FIR, the victim girl Pooja Kumari alleged that as she was indisposed and was not getting cured by the Doctor; her family members took her to the petitioner’s shop who use to cure people through his ‘ Jharphook ’.
The victim lady further stated that the petitioner was in an inebriated state; he took her behind the shop in the name of treatment and raped her. He also threatened the victim girl that if she discloses this to anyone she will be killed. When she informed her family members about the incident they went to
Patna High Court CR. MISC. No.52589 of 2021(2) dt.04-04-2022 2/2
the petitioner’s place to confront him, he threatened to kill everyone through his ‘ Mantras ’. He was assaulted by the local people and subsequently he was arrested, that led to the lodging of the case in hand.
Considering the gravity of the offence that has been attributed to the petitioner herein, I am not inclined to grant privilege of bail to him, which is accordingly rejected.
(Rajiv Roy, J)
Prakash Narayan /- U T
1 issue framed by the court
Whether privilege of bail should be granted to the petitioner charged under Sections 376, 4 POCSO Act and IPC?
Shyam Sundar Sharma
The State of Bihar
RAJIV ROY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
