Rupesh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11454 of 2024 Arising Out of PS. Case No.-54 Year-2023 Thana- MAHILA P.S District- West Champaran ====================================================== Rupesh Ram S/O Wakil Ram @ Okil Ram R/O Village- Jagdambapur, P.SShrinagar (Pujahan), Distt.- West Champaran. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s :
Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Bettiah Mahila P.S. Case 54/2023 lodged on 25.09.2023 under Section 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act.
3. As per the prosecution case, the FIR has been lodged against the sole petitioner with an allegation of committing rape with the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The
Patna High Court CR. MISC. No.11454 of 2024(3) dt.18-04-2024 2/3 petitioner is in custody since 26.09.2023 having no criminal antecedent. In fact, there was love affair between the informant and the petitioner and due to which physical relationship has been developed between them with consent but under pressure of the villagers and family members, the present FIR has been lodged. He further submits that on the previous occasion, the case diary has been called for and in the case diary, the victim has supported the prosecution version in 164 Cr. P.C. statement. Learned counsel further submits that the trial has advanced, charge has been framed and the prosecution witness took place in which the victim has narrated her statement before the trial Court as PW-1 wherein she has completely denied the allegation made in the FIR and in the cross-examination also she has narrated that the petitioner is innocent and the villagers have inserted his name in the case which has been attached by the counsel for the petitioner vide supplementary affidavit.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.11454 of 2024(3) dt.18-04-2024 3/3 each to the satisfaction of learned Additional Sessions Judge-VIcum- Special Judge, POCSO, Bettiah, West Champaran, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.
(Dr. Anshuman, J) Ashwini/- U T