Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15327 of 2021 Arising Out of PS. Case No.-136 Year-2016 Thana- AIRPORT District- Patna ====================================================== Ranjeet Kumar S/O Rajnandan Munda R/O Mohalla-Dharampur Mohammedpur, Phulwari, P.S-Phulwari Sharif, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr. Satyendra Pd. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Hawai Adda P.S. Case No. 136 of 2016, registered for the offence under Sections 376 and 506 of the Indian Penal Code.

As per the prosecution case, on 16.01.2016, the informant (victim), after the death of her maternal cousin sister, had gone at the house of her maternal cousin sister to meet the members of the bereaved family and stayed there in the night and slept alone in a room. It is further alleged that in the midnight, the petitioner entered in her room and committed rape upon the informant and threatened not to disclose the same to anyone, otherwise he would kidnap her and whole family and kill them. Due to fear, the informant did not disclose about the

Patna High Court CR. MISC. No.15327 of 2021(2) dt.22-07-2021 2/3 said incident to anyone and returned to her house and started living there. After some months, when the health of the informant started deteriorating, the informant alongwith her mother and sister went to the doctor for treatment, where it was detected that she has conceived the pregnancy of seven months. Thereafter, the informant disclosed about the incident to her mother and father.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case only with a view to pressurise the petitioner to marry the victim (informant). There is inordinate delay of 224 days in lodging the FIR and no plausible explanation has been given by the informant. The victim has been medically examined by the doctor and her age has been found between 17 and 18 years. Petitioner claims clean antecedent and he is in custody since15.11.2019. However, learned A.P.P. for the State opposed the bail petition and submitted that there is direct and specific allegation against the petitioner of committing rape upon the informant and said fact has also been supported by the informant (victim) in her statement recorded under Section 164 Cr.P.C. Considering the aforesaid facts and circumstances as well as statement of the victim (Informant) recorded under

Patna High Court CR. MISC. No.15327 of 2021(2) dt.22-07-2021 3/3 Section 164 Cr.P.C., I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J.) anay U T