Ranjeet Malakar v. The State of Bihar
Case at a glance
- Bench
- RUDRA PRAKASH
Provisions considered
- Indian Penal Code, 1860 ss. 34, 323, 341, 376, 504, 506, 511
- Protection of Children from Sexual Offences Act, 2012 ss. 8, 12
- Code of Criminal Procedure, 1973 s. 164
Key paragraphs
- Para 77. The prayer is rejected. Rajorshi/- U T (Rudra Prakash Mishra, J)
Judgment
The State of Bihar
Kailash Sah @ Kailash Kumar Son Of Puran Sah Village- Madhura, Ward No. 4 Ps- Saur Bazar, Po- Garhia Dist- Saharsa ... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : : For the Informant ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA Mr. Amarnath Jha, Advocate Mr. Upendra Kumar, APP Mr. Diwakar Prasad Singh, Advocate ORAL ORDER 3 31-07-2024 Heard learned counsel for the petitioner, learned counsel for the informant, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in Saur Bazar P.S. Case No. 134 of 2024, instituted for the offences punishable under Sections 341, 323, 504, 506/34 of the Indian Penal Code and Section 12 of POCSO Act.
The prosecution case, in short, is that, the petitioner attempted to commit rape on the minor daughter of the informant aged about four years.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Patna High Court CR. MISC. No.39853 of 2024(3) dt.31-07-2024 Learned counsel for the petitioner further submitted that there is a case and counter case between the parties. The petitioner and the informant are next door neighbours. The petitioner is in custody since 15.02.2024 and has got no criminal antecedent.
Learned counsel for the informant and learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel for the informant also submits that the victim girl and her mother in their statement recorded under Section 164 of Cr.P.C. has levelled specific allegation of vulgarity and attempt to rape against the petitioner. The victim is aged about four years. Learned APP for the State further submitted that after completion of investigation Charge-sheet has been submitted under Sections 341, 323, 376, 511, 504, 506, 34 of the Indian Penal Code and under Sections 8, 12 of POCSO Act. Hence, the petitioner does not deserve the privilege of bail.
Considering the nature of accusation against the petitioner and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.
The prayer is rejected. Rajorshi/- U T (Rudra Prakash Mishra, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.