Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14508 of 2022 Arising Out of PS. Case No.-19 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Gulshan Kumar S/O Ajit Kumar @ Ajit Kumar Singh @ Parshu Ram Resident Of Village - Paharpur Manorath, P.S.- Sahebganj, Dist. - Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 21816 of 2022 Arising Out of PS. Case No.-19 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Raja Kumar S/O Hirdev Singh Resident Of Village- Paharpur, P.S.- Sahebganj, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 14508 of 2022) For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Shailendra Kumar Singh (In CRIMINAL MISCELLANEOUS No. 21816 of 2022) For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2023 Heard learned counsel for the petitioners and learned A.P.P appearing on behalf of the State. The petitioners are languishing in custody in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.14508 of 2022(4) dt.17-01-2023 2/3 Subsequently, Section 376(D) I.P.C and Sections 4/8 of the POCSO Act was also added.

It is alleged against the petitioners that they ravished the minor daughter of the informant and set her body on fire.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. It is further submitted that there is land dispute between the parties and petitioners have been roped in the present case due to suspicion. The petitioners are languishing in custody since 16.01.2021.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners and submitted that there is specific allegation against the petitioners that they ravished the victim and thereafter set the body of the victim on fire. The postmortem report also corroborate the version of the prosecution. The independent witnesses also supported

Patna High Court CR. MISC. No.14508 of 2022(4) dt.17-01-2023 3/3 the case of the prosecution.

In the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioners, for the present. The prayer for grant of bail to the petitioners stands rejected.

The Trial Court is directed to expedite the trial and conclude the same within a reasonable period of time.

(Sunil Kumar Panwar, J) Shageer/- U T