Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4323 of 2023 Arising Out of PS. Case No.-100 Year-2019 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Kundan Kumar Son Of Anup Mahto R/O Vill.- Devghara Chandra Tola, P.S.- Mednichowki, Distt.- Lakhisarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 27.09.2022 in connection with Mednichowki P.S. Case No. 100 of 2019, F.I.R. dated 29.11.2019 registered for the offence punishable under Sections 323,376,504,506 of the Indian Penal Code.

The prosecution case, in short, is that, the petitioner has committed rape with the informant and also click the photo. It is further alleged that he regularly established sexual intercourse and threatened to viral that photo as a result of which she became pregnant. On 03.11.2019 petitioner took away the informant at lonely

Patna High Court CR. MISC. No.4323 of 2023(3) dt.11-07-2023 2/3 place and tried to administer poison. Informant raised alarm and hue and cry then the petitioner fled away after gathering the local people.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. Further submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. Further submits that as per allegation in the FIR that on the pretext of marriage the petitioner has committed rape upon the victim.

Learned APP for the State, on the other hand, on the basis of the material available on the record and the case diary, has vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim under Section 164 Cr.P.C. was recorded in which she has categorically stated that the petitioner has committed rape upon her and the medical evidence also suggests that at the time of medical examination the victim was pregnant. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with

Patna High Court CR. MISC. No.4323 of 2023(3) dt.11-07-2023 3/3 Mednichowki P.S. Case No. 100 of 2019 pending in the court of learned Addl. Chief Judicial Magistrate-1st, Lakhisarai.

Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T