Shivi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8054 of 2025 Arising Out of PS. Case No.-101 Year-2020 Thana- PANDARAK District- Patna ====================================================== Shivi Kumar Son of Indradeo Yadav Resident of Village - Gopekita, Ward No.- 8, P.S.- Pandarak, District - Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Surendra Ray S/o Late Shivam Prasad R/o vill- Gopekita, P.S.- Pandarak, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rudal Prasad, Advocate For the State :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with Pandarak P.S. Case No. 101 of 2020 registered for the offence punishable under Sections 363, 365, 366 and 366A/34 of the Indian Penal Code.
3. The petitioner is accused of forcibly marrying the minor victim and committing rape with her.
4. It has been submitted by learned counsel for the petitioner that the petitioner is innocent and has falsely been implicated in this case. The petitioner is in custody since 25.03.2024.
Patna High Court CR. MISC. No.8054 of 2025(5) dt.02-07-2025 2/2
5. Learned counsel for the State has vehemently opposed the prayer for bail.
6. Learned counsel for the informant has also opposed the application of the petitioner and has submitted that the prosecution will co-operate in the trial and will examine the witnesses on the dates fixed in the trial.
6. From the statement of the victim girl recorded under Section 164 Cr. P.C., it appears that she has supported the allegation levelled against the petitioner.
7. In view of the above, this application is dismissed with liberty to the petitioner to renew his prayer for bail after the victim girl deposes in the Court.
8. If the trial is delayed by the prosecution, the petitioner may renew his prayer for bail.
(Sandeep Kumar, J) P. Kumar U T