Patna High CourtCR. MISC./24067/2024dismissed

Sonu Kumar v. The State Of Bihar

2024-08-28Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24067 of 2024 Arising Out of PS. Case No.-728 Year-2023 Thana- MANER District- Patna ====================================================== Sonu Kumar SON OF Sri Raj Kumar Rai @ Raj Kumar Village- Daudpur Bgicha PS- Shahpur Dist -Patna ... ... Petitioner/s

Versus

The State of Bihar BIHAR 2.

SARITA KUMARI WIFE OF MANTU RAI RESIDENT OF VILLAGESHAHPUR THAKURBADI, PS- SHAHPUR, DISTT- PATNA ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 52123 of 2024 Arising Out of PS. Case No.-728 Year-2023 Thana- MANER District- Patna ====================================================== SAROJ KUMAR SON OF SUBHASH RAI Resident of Village - Daudpur, Bagicha, Ward No. 2, P.S. - Sahpur, District - Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 24067 of 2024) For the Petitioner/s :

Mr.Sunil Mishra For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava (In CRIMINAL MISCELLANEOUS No. 52123 of 2024) For the Petitioner/s :

Mr.Archana Mishra For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-08-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. In this case, the petitioners are seeking regular bail in connection with Maner P.S. Case No. 728 of 2023 registered for the offences punishable under Sections 376(D)

Patna High Court CR. MISC. No.24067 of 2024(5) dt.28-08-2024 2/3 and 120B of the IPC.

3. As per allegation, when the informant was returning from market, the petitioner Saroj Kumar intercepted his way and snatched her mobile. On protest, Saroj Kumar threatened her to kill. Further, both the petitioners got her unconscious and took away her to Chhitnawan river where the petitioners along with other accused persons committed rape upon her.

4. The learned counsel for the petitioners has submitted that the petitioners are the person of clean antecedent and have falsely been implicated in this case due to dirty village politics. There is no eye-witness of the occurrence. In medical examination of the victim, no spermatozoa was found. The petitioner is under custody since 09.10.2023.

5. On the other hand, the learned APP for the State has opposed the prayer for bail and submitted that the victim, in her statement recorded under Section 164 of the Cr.P.C. has supported the prosecution case. The petitioners threatened the victim to kill her had she narrated the occurrence to anyone.

6. Considering the above-mentioned facts and circumstances, the petitioners do not deserve the privilege for bail, which is hereby rejected.

Patna High Court CR. MISC. No.24067 of 2024(5) dt.28-08-2024 3/3

7. The learned court below is directed to expedite the trial and take every endeavor to conclude the trial as early as possible.

(Nawneet Kumar Pandey, J) kundan/- U T