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2025 DAILYLAW 7789 (PAT)

Pandit Raushan v. The State of Bihar

CR. MISC./1047/2025 · 2025-04-09

Partha Sarthy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1047 of 2025 Arising Out of PS. Case No.-107 Year-2024 Thana- KOTWA District- East Champaran ====================================================== Pandit Raushan S/O Lalu Prasad Yadav @ Lalu Ray R/o Village- Chitriya, P.S.- Kotwa, District- East champaran ... ... Petitioner/s Versus 1. The State of Bihar 2. Punam Kumari D/O Ragho Prasad Yadav R/O Village- Chitriya, P.S.- Kotwa, District- East champaran ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Priyesh Kumar, Advocate For the Opposite Party/s : Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 4 09-04-2025 1. Heard learned counsel for the parties. 2. The petitioner has preferred this application for grant of regular bail in connection with Kotwa P.S. Case no. 107 of 2024 registered under section 376 of the Indian Penal Code and sections 4 and 6 of the POCSO Act. 3. As per the prosecution case, the 14 year old informant states that she was raped by this petitioner. 4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The alleged victim has not supported the prosecution case in her statement under section 164 of the Cr.P.C. and even in the medical report no external injury was found. The petitioner is in custody since 13.11.2024 and charge-sheet has been submitted in the case. He Patna High Court CR. MISC. No.1047 of 2025(4) dt.09-04-2025 2/2 undertakes to cooperate in the investigation/trial. 5. The application for bail is opposed by learned A.P.P for the State who submits that there is direct allegation against the petitioner in the F.I.R. lodged by the 14 year old informant. Further with respect to the statement recorded under section 164 of the Cr.P.C. it is submitted that the petitioner has been named therein that he had forcibly taken the informant with him. 6. Having heard learned counsel for the parties and taking into consideration the allegation by the 14 year old informant in the F.I.R. wherein direct allegation against the petitioner of having committed rape has been made together with the contents of her statement recorded under section 164 of the Cr.P.C. wherein also the petitioner has been named by the informant, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. avinash/- (Partha Sarthy, J) U T