Shiv Kumar @ Shiva Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5526 of 2024 Arising Out of PS. Case No.-71 Year-2023 Thana- MAHILA P.S. District- Samastipur ====================================================== SHIV KUMAR @ SHIVA KUMAR S/O RAM PRIT YADAV @ RAM PRIT YAVAD R/O VILLAGE AND P.S- BITHAN, DIST.- SAMASTIPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr .Abhay Shanker Singh For the Opposite Party/s :

Mr. Uday Chand Prasad Mr. Binod Kumar Sinha Mr. Shishir Kumar Shishir ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-07-2024 Heard the learned counsel for the petitioner, learned APP for the State and the learned counsel for the informant.

2. The petitioner seeks regular bail in the present case registered for the offence under Sections 376-D, 341, 342, 504, 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is said to have given some intoxicating material to the victim, thereafter, she fainted and lost consciousness. Petitioner is a tempo driver. The victim has been gang raped by the petitioner and others. The petitioner is the main accused in the case and is in jail since 07.08.2023.

4. Considering the nature of accusation and the allegations levelled against the petitioner, I am not inclined to

Patna High Court CR. MISC. No.5526 of 2024(5) dt.20-07-2024 2/2 grant bail to the petitioner.

5. Accordingly, this application for regular bail is hereby rejected.

(Sandeep Kumar, J) Shishir/- U T