Suraj Kumar Sharma @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9103 of 2020 Arising Out of PS. Case No.-239 Year-2019 Thana- GOGRI District- Khagaria ====================================================== Suraj Kumar Sharma @ Suraj Kumar Son of Rajkumar Sharma Resident of Village - Mirganj, P.S.- Gogri, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Sager Sharma For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-06-2020 The present case was heard yesterday at length and today, it has been listed for orders. This is an application for grant of anticipatory bail in connection with Gogri P.S. Case No. 239 of 2019 registered for the offence punishable under Sections 376, 511, 323, 504 and 506 of the Indian Penal Code.

The allegation is regarding the petitioner herein having entered the house of the informant on 15.7.2019 at about 2:00 O'clock in the night and tried to commit rape with the informant, who is stated to be blind, whereafter, she had raised an alarm resulting in co-villagers having arrived there

Patna High Court CR. MISC. No.9103 of 2020(4) dt.30-06-2020 2/3 resulting in the petitioner having fled away, however, his underwear, pant and mobile phone were left at the place of occurrence. It is also alleged that several co-villagers had seen the petitioner fleeing away while abusing them.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and the falsity of the prosecution case is apparent from the fact that the informant is blind.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

I have heard the learned counsel for the parties and perused the materials on record as also those available in the case diary. It is apparent from the statement of the witnesses recorded in the case diary as also the materials collected during the course of investigation that the complicity of the petitioner in the alleged crime is writ large and he had tried to commit rape upon a blind woman, hence, I do not find the present case

Patna High Court CR. MISC. No.9103 of 2020(4) dt.30-06-2020 3/3 to be a fit case for at least grant of anticipatory bail, thus, the present petition stands dismissed. (Mohit Kumar Shah, J) Ajay/- U T