Patna High CourtCR. MISC./31281/2024bail rejected

Sujay Singh @ Sujay Kumar v. The State Of Bihar

2024-07-26Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31281 of 2024 Arising Out of PS. Case No.-258 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Sujay Singh @ Sujay Kumar S/o Sri Bilassingh @ Ram Bilas Kuwar R/o Telghi, P.S. - Kharik, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopesh Raj, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-07-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Parbatta P.S. Case no.258 of 2023 registered under sections 376 and 506 of the Indian Penal Code and section 76 of the I.T Act.

3. As per the prosecution case, the informant states that his daughter was taken away by the petitioner, intoxicated and thereafter raped. It is further stated that the petitioner also made a video of the occurrence and started to blackmail her. She subsequently narrated about the occurrence to her mother.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. There is an unexplained delay of one month in lodging of the FIR. The victim is a major. The medical report does not support the

Patna High Court CR. MISC. No.31281 of 2024(3) dt.26-07-2024 2/2 prosecution case. No video clip has been recovered in course of investigation and the petitioner is in custody since 12.6.2023. As per information received, the victim is now married.

5. The application for bail is opposed by learned APP for the State, who submits that there is direct allegation against this petitioner of rape and the same has been supported by the victim in her statement under section 164 Cr.P.C.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner of having committed rape on the daughter of the informant and the same having been supported in the statement of the victim recorded 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