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Patna High CourtCR. MISC./11091/2025bail rejected

Munna Kumar Singh v. The State Of Bihar

2025-05-13Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11091 of 2025 Arising Out of PS. Case No.-32 Year-2024 Thana- MAHILA P.S. District- Araria ====================================================== Munna Kumar Singh Son of Bhagwan Lal Singh village- Baghuwa, Khajurwari,Ward no. 9, Ps- Kursa Kanta, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dheeraj Kumar For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mahila (Araria) P.S. Case No. 32 of 2024 dated 18.06.2024 registered for the offences punishable under Sections 341. 323. 376, 417, 313, 509 read with Section 34 of the Indian Penal Code and Section 4 of D.P. Act.

3. As per the prosecution case, the petitioner is alleged to have forcibly committed rape on the informant while she was alone at her house and started saying not to disclose this matter to anyone as he would marry her. He committed rape on her several times on the pretext of marriage and she became

Patna High Court CR. MISC. No.11091 of 2025(4) dt.13-05-2025 2/3 pregnant. Thereafter, the petitioner administered tablet forcibly and got her pregnancy aborted due to that bleeding started and she was taken to hospital for treatment by her parents. Thereafter, when the informant's family members went to the petitioner's house for marriage then they abused and assaulted them and the co-accused, Bhagwan Lal outraged the modesty of the informant's mother. It is further alleged that the accused persons demanded Rs. 5 lakh and a motorcycle as dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is love affair between the petitioner and the victim. The victim is a major girl who knows the consequence of the act of the petitioner. Learned counsel has further submitted that the victim girl and the petitioner chose to have physical relationship with their own will. The petitioner neither demand any dowry nor tortured the informant. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the specific allegation against the petitioner is that he committed rape on the informant forcibly and after committing rape on her,

Patna High Court CR. MISC. No.11091 of 2025(4) dt.13-05-2025 3/3 the petitioner made false promise of marriage with a view to save his skin from the alleged offence. The victim in her statements recorded under Sections 164 and 161 of the Cr.P.C. has supported the prosecution case.

6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of allegation against the petitioner, this court is not inclined to grant bail to the petitioner and the same is rejected in connection with Mahila (Araria) P.S. Case No. 32 of 2024, pending in the Court of learned S.D.J.M., Araria.

7. Learned court below is directed to conclude the trial of the petitioner at the earliest.

8. The application stands rejected.

(Chandra Prakash Singh, J) shivam/- U T