IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49977 of 2021

Arising Out of PS. Case No.-25 Year-2021 Thana- BHAWANIPUR District- Purnia

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Amit Kumar S/O Late Dipak Sharma R/O Village-Singhiyan Sundar, P.S-

Bhawanipur, District-Purnea.

... ... Petitioner/S

Versus

The State Of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Raj Kumar

For the Opposite Party/s :

Mr. Ramchandra Singh

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL ORDER

3

01-02-2022

Heard learned counsel for the petitioner and

learned APP for the State through video conferencing.

The petitioner seeks bail in connection with

Special (POCSO) Case No.24 of 2021 arising out of

Bhawanipur P. S. Case No.25 of 2021, instituted for the

offences under Section 376 of the Indian Penal Code and

Sections 4 and 6 of the POCSO Act, 2012.

The learned counsel for the petitioner submits that

the petitioner is in custody since 14.02.2021, he is a person

with clean antecedent and charge-sheet has been submitted

in the case.

The learned counsel for the petitioner submits that

the informant, a minor, alleges that she had gone to see a

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programme in the village on 12.02.2021, as her parents at

10.00 P.M. had gone to the Basa for tying the cattles. It is

further alleged that while she was returning after seeing the

programme to her house, the petitioner forcibly intercepted

her and took her to desolated place and committed rape and

on scream of the informant, her parents and villagers came

and the accused/ petitioner fled from the place of

occurrence.

The learned counsel for the petitioner submits that

there is a very famous saying “if you speak the truth, you

do not have to remember what you said”. The learned

counsel further submits that petitioner and the victim were

in love and taking advantage of the fact that informant’s

parents were not at home, the informant went to meet the

petitioner and when the parents came all of a sudden along

with some villagers and saw both of them, then the present

false case of rape came to be instituted which is also evident

from the fact that injury report completely negates the

allegation of rape.

The learned counsel for the further submits that

the statement of the victim was recorded under Section 164

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of the Cr.P.C. which is at complete variance with the

allegation alleged in the F.I.R., as the informant in her

statement under Section 164 of the Cr.P.C. though stated

that rape was committed, but at the same time, also stated

that the petitioner was caught and his mother locked him in

a room and then in the night, she fled with the petitioner,

also that his younger brother was also with him and further

that when her parents came the petitioner tried to hide

himself under the bed.

The learned counsel thus submits that in the F.I.R.,

it is alleged that on coming of the parents and villagers, he

fled but in her statement under Section 164 of the Cr.P.C.,

she alleges that petitioner after seeing her parents and

villagers tried to hide himself under the bed then he was

apprehended as he could not flee. Further that mother of the

petitioner confined him in a room and thereafter, both

petitioner and his mother along with brother fled in the

night. This in itself demonstrates that the informant in a way

has helped the petitioner by giving a different story in her

statement under Section 164 of the Cr.P.C. and the doctor

has assessed her age in between 16-17 years when there is

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no documentary evidence on record to suggest that the

informant was 13 years of age as recorded in the F.I.R