Raju Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39903 of 2021 Arising Out of PS. Case No.-379 Year-2019 Thana- KHAIRA District- Saran ====================================================== Raju Singh Son of Bhagirath Singh Resident of Village - Ram Nagar, P.S.- Khaira, Distt.- Saran at Chapra.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Md. Mushtaque Alam, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-02-2022 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in registered for the offences punishable under sections 376/34 of the Indian Penal Code.

As per the prosecution case, while the informant's daughter had gone to attend the call of nature behind her house, petitioner and one unknown person forcibly lifted her and took her to the orchard and committed rape upon her. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to long standing dispute. Victim is 19 years old. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Parties have compromised the matter and a petition to this effect has also been filed by the parties in the

Patna High Court CR. MISC. No.39903 of 2021(4) dt.04-02-2022 2/2 court below. Petitioner is in custody since 27.8.2020. Investigation is complete.

Learned counsel for the State opposes the prayer for bail and submits that there is direct and specific allegation that the petitioner and one unknown person forcibly lifted the victim and committed rape upon her.

Considering the nature of accusation against the petitioner, his prayer for bail is refused.

(Prabhat Kumar Singh, J) shashi/- U