Mahesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38137 of 2018 Arising Out of PS. Case No.-62 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Mahesh Singh, Son of Sri Ram Nandan Singh, Resident of Village- Paspura, P.S.- Muffasil, District- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Verma For the Opposite Party/s :

Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner, counsel for the informant and learned APP for the State.

Petitioner is languishing in judicial custody since 12.02.2018 in connection with Begusarai Muffasil P.S. Case No. 62 of 2018 for offences punishable under Sections 376/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while she was at her home, the petitioner along with other co-accused Ram Babu Singh came to her house and took her in a field and Ram Babu Singh committed rape while petitioner caught her hands.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that allegation is against another

Patna High Court Cr.Misc. No.38137 of 2018(2) dt.10-07-2018 2/2 co-accused and allegation upon him is that he caught the informant's hand. He further submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. However, learned counsel appearing on behalf of the informant as well as learned APP for the State oppose the prayer for bail stating therein that both the petitioner and the other coaccused had committed rape on her as is evident from the statement under Section 164 Cr. P. C. before the Magistrate. It is further submitted that the petitioner has a criminal antecedent and five more cases are pending against him, one of similar nature.

Considering the facts and circumstances and the materials on record, I am not inclined to grant the privilege of bail to the petitioner at this stage in connection with Begusarai Muffasil P.S. Case No. 62 of 2018, pending in the court of learned Chief Judicial Magistrate, Begusarai.

Application is, accordingly, rejected. However, petitioner is at liberty to renew his prayer for bail after framing of charge.

Rajesh/Pragya (Nilu Agrawal, J) U T