Ajay Kushwaha @ Ajay Kumar Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14986 of 2025 Arising Out of PS. Case No.-2 Year-2023 Thana- AANDAR District- Siwan ====================================================== Ajay Kushwaha @ Ajay Kumar Kushwaha S/O Ramadhar Bhagat Resident Of Village - Kheday, P.S- Ander,Dist- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr. Parmanand Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2025 Heard learned counsels for the parties.
2. The petitioner seeks regular bail in a case registered for the offence punishable under Section 376, 406, 420, 323, 425 , 504 and 506 of the Indian Penal Code .
3 . As per prosecution case , on the alleged date and time of occurrence , this petitioner is alleged to have entered in the house of informant and forcibly committed rape with her.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has falsely been implicated in this case due to village politics . The F.I.R., has been lodged after the delay of 5 months for which there is no explanation which itself creates doubt over the entire prosecution case . Chargesheet has already been submitted. Petitioner is in custody since 19.12.2024 .
Patna High Court CR. MISC. No.14986 of 2025(2) dt.04-04-2025 2/2 5 . Learned A.P.P. for the State vehemently opposed the prayer for grant of bail and submitted that specific accusation is against this petitioner that he forcibly committed rape upon the victim. The victim in her statement recorded under Section 164 Cr. P C has supported the prosecution case .
6. Considering the rival submissions, statement of the victim recorded under Section 164 Cr.P.C and other circumstances of the case , the prayer for regular bail to the petitioner is rejected.
(Prabhat Kumar Singh, J) Koushik/- U T