Munna Gupta @ Munna Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15106 of 2022 Arising Out of PS. Case No.-24 Year-2021 Thana- MAHILA P.S District- West Champaran ====================================================== MUNNA GUPTA @ MUNNA PRASAD S/o Radha Krishna Prasad R/o Village Bhapra, P.S. - Sathi, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State through Video Conferencing. The petitioner has preferred this application for grant of regular bail in a case registered u/ss 341, 323, 312, 313, 420, 376, 504 and 506 of the Indian Penal Code.

Allegedly, the petitioner came to the house of the informant and took her for work of catering on the monthly salary of Rs. 12,000 but the petitioner started getting work of dancing in Orchestra intemidately. He also committed rape on her forcibly. On being protested, she was assaulted by the

Patna High Court CR. MISC. No.15106 of 2022(3) dt.05-08-2022 2/3 petitioner. The petitioner raped her and got her raped by others. On 23.09.2021, she along with Rana Bairagi managed to flee away. Earlier she had became pregnant due to rape from the petitioner and her pregnancy was terminated forcibly by the petitioner after administering medicine.

Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. Learned counsel for the petitioner has further submitted that earlier the informant also filed the case alleging that she was raped by the petitioner and the police has submitted final form in this case. The petitioner is also accused in two other criminal cases which are related to rape. Learned A.P.P. for the State has opposed the bail petition of the petitioner by submitting that there is specific allegation against the petitioner of continuously committing rape on her forcibly. Earlier also Mahila P.S. Case No. 23 of 2021 was filed and in the said case, no final order of the Court was passed.

Considering the aforesaid facts and circumstances as well as the specific allegation against the petitioner, I am not inclined to grant regular bail to the petitioner, therefore, the prayer for regular bail of this petitioner is rejected.

Patna High Court CR. MISC. No.15106 of 2022(3) dt.05-08-2022 3/3 The trial Court is directed to expedite the trial and conclude the same preferably within a period of nine months. (Chandra Prakash Singh, J) sanjeev/- U T