Ravindra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5497 of 2025 Arising Out of PS. Case No.-18 Year-2024 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== Ravindra Rai Son of Late Gajendra Rai Resident of Village - Bara Jagarnath, P.S. - Ahiyapur, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soni Kumari Daughter of Sanjay Ram Resident of Gobarsahi, P.S. - Sadar, District - Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. N.N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-07-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Mahila P.S. Case No. 18 of 2024 instituted for the offence under Sections 341, 323, 376, 376(D), 506/34 of the Indian Penal Code.

3.

As per prosecution case, informant-victim was gang raped by the four accused persons, including the petitioner. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 15-06-2024. Petitioner bears four criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.5497 of 2025(5) dt.08-07-2025 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has surfaced in this case by the FIR named accused, namely, Raju Kumar Ray as one of his associates in the alleged occurrence of gang rape. During investigation, mother of the informant stated that it is only Raju Kumar who took away the victim and established physical relationship with her. Police after completion of investigation has submitted charge sheet in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. In the statement recorded under Section 164 of the Cr.P.C., victim has specifically alleged that she was gang raped by one Raju Kumar and three unknown accused and the said Raju Kumar has disclosed the name of the petitioner as one of his associates in the crime. Bail of co-accused, Raju Kumar Ray, has been rejected by a Co-ordinate Bench of this Court vide order dated 30-01-2025, passed in Cr. Misc. No. 78218 of 2024. Hence, he does not deserve the privilege of bail in such a heinous case. 7.

Considering the aforesaid facts and circumstances of the case, nature and gravity of the offence and the

Patna High Court CR. MISC. No.5497 of 2025(5) dt.08-07-2025 3/3 involvement of the petitioner which is established from the statement of co-accused, this Court, at this stage, is not inclined to grant bail to the petitioner. Prayer for grant of bail is, accordingly, rejected.

8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T