Patna High Court - Orders
Manik Chandra Sah @ Manik Chand Gupta vs The State Of Bhar on 6 April, 2022
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62120 of 2021
Arising Out of PS. Case No.-36 Year-2021 Thana- MAHILA P.S. District- Siwan
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MANIK CHANDRA SAH @ MANIK CHAND GUPTA S/o Late Singhasan
Sah Resident of Village- Selour, P.S.- Guthani, District- Siwan.
... ... Petitioner
Versus
THE STATE OF BHAR
... ... Opposite Party
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Appearance :
For the Petitioner : Mr. Ranjan Kumar Dubey
For the Opposite Party : Mr. Murli Dhar, APP
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
2 06-04-2022Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
This application for grant of regular bail arises out of Siwan Mahila P.S. Case No. 36 of 2021, registered for the offence punishable under Sections 376(AB)/34 of the Indian Penal Code and 4/6 of the POCSO Act.
It is alleged against the petitioner that he raped the informant's daughter aged seven years.
Learned counsel appearing on behalf of the petitioner has submitted that for the alleged occurrence of 19.07.2021, the First Information Report has been registered on 23.07.2021, which creates a serious doubt over the veracity of the case of the prosecution. He has further submitted that the medical report does not support the prosecution's version. Patna High Court CR. MISC. No.62120 of 2021(2) dt.06-04-2022 2/2 I have perused the First Information Report. The allegation against the petitioner is on the basis of the disclosure made by the informant's daughter on 23.07.2021, after the informant is said to have returned to her house from outside. The statement of the victim recorded, under Section 164 of the Code of Criminal Procedure, supports the case of the prosecution.
Considering the grave nature of allegation against the petitioner, I am not inclined to grant him privilege of regular bail for the present.
This application is accordingly dismissed.
(Chakradhari Sharan Singh, J) Pawan/-
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