Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6833 of 2025 Arising Out of PS. Case No.-248 Year-2024 Thana- DEWARIA District- Muzaffarpur ====================================================== Ashok Kumar S/O Chitranjan Das R/O Village- Budhanpur, P.O- Kaji Mahammadpur, P.S- Deoria, District- Muzaffarpur, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X, R/O Pokhrera, P.S.- Jaitpur, Dist.- Muzzafarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Apurv Harsh, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Deoria P.S. Case No. 248 of 2024 instituted for the offences under Sections 140(4), 70, 64(2)(1) of the BNS.

3. Allegation against the accused persons including the petitioner is of commission of rape upon the victim girl.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case and he has not committed any offence as alleged in the FIR and, as a matter of fact, he has no conern with the alleged occurrence. Petitioner is being dragged in this case due to ulterior motives. Learned counsel for the petitioner submitted

Patna High Court CR. MISC. No.6833 of 2025(4) dt.08-05-2025 2/2 that general and omnibus allegation has been made against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.10.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that victim in her statement recorded under Section 183 of the BNSS has supported the case of the prosecution, and therefore, the petitioner does not deserve to the released on bail. Learned APP further submitted that police, after investigation submitte charge-sheet under Sections 140(4), 70, 64(1)(2) of the BNS.

6. Considering the aforesaid facts and circumstances of the case, nature and gravity of offence as also the statement of the victim under Section 183 of the BNSS, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

(Rudra Prakash Mishra, J) Alok Verma/- U T