Mukesh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21946 of 2024 Arising Out of PS. Case No.-244 Year-2023 Thana- KARJA District- Muzaffarpur ====================================================== Mukesh Kumar Sah Son of Mahesh Sah Resident of Village- Pakri Pakahi, P.S.- Karja, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Parasmani, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP For the Informant : Mr.Brahmputra Singh Ishu, Advocate : Mrs. Poonam Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-05-2024 Heard Mr.Sanjay Parasmani, learned counsel appearing for the petitioner, Mr.Brahmputra Singh Ishu, learned counsel for the informant and Mr.Ajay Kumar No. 2, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since 11.12.2023 in connection with Karja P.S. Case No.244 of 2023, F.I.R. dated 20.07.2023 registered for the offence punishable under Sections 363,366,504,506/34 of the Indian Penal Code.

3. Allegation against the petitioner is that he alongwith other co-accused persons abducted the victim whereafter she was taken to Siliguri where forcible physical relation was established with her.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.21946 of 2024(4) dt.10-05-2024 2/2 petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. In fact the petitioner was in love with the victim and the victim in the pressure has filed the present case.

5. Learned counsel for the informant and learned APP for the State, on the other hand, have vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim was recorded under Section 164 Cr.P.C. in which she has categorically stated that the petitioner was involved in the present crime in question and apart from that, the victim has categorically stated that the petitioner has abducted her and thereafter the petitioner has committed rape upon her.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Karja P.S. Case No.244 of 2023, pending in the court of learned J.M.-1st Class, (West) Muzaffarpur.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T