Birendra Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18455 of 2022 Arising Out of PS. Case No.-27 Year-2021 Thana- MAHILA PS District- Gaya ====================================================== BIRENDRA MANJHI Son of Naresh Manjhi Resident of Village- Sanda, Gulzarbagh, P.S.- Tekari, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ayush Kumar, Advocate Mr. Yogesh Kumar, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has prayed for grant of regular bail in a case registered under sections 376D of the Indian Penal Code. As per the prosecution case, the petitioner and one another accused committed rape on the informant. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. There is an unexplained delay of three days in lodging of the FIR. The medical report does not support the prosecution case. No independent witness has supported the allegations leveled by the informant. The petitioner is in custody since 8.8.2021 and charge sheet has been submitted in the case. He has no criminal

Patna High Court CR. MISC. No.18455 of 2022(4) dt.06-01-2023 2/2 antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the direct allegations against the petitioner in the FIR together with the victim having supported the allegations in her statement under section 164 Cr.P.C., the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) shiv/- U T