Ashok Kumar @ Ashok Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24280 of 2023 Arising Out of PS. Case No.-42 Year-2014 Thana- MAHILA P.S. District- Samastipur ====================================================== 1.

ASHOK KUMAR @ ASHOK RAI Son of Umesh Rai R/V- Simri Chandrasan PS- Khanpur, Dist- Samastipur 2.

Mithlesh Rai @ Mithilesh Ray Son of Vinay Rai R/V- Simri Chandrasan PSKhanpur, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad For the Opposite Party/s :

Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-05-2023 Heard the learned counsel for the petitioners and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioners seek bail in connection with Samastipur Mahila P.S. Case No. 42 of 2014 registered for the offence under Section 376(g) of the Indian Penal Code. As per the prosecution story, On 19.10.2014 around 10:00 PM, the informant went out to meet nature's call when Deepak Rai, Ashok, Vidyanand Rai, Ashok Rai, Mithlesh Rai

Patna High Court CR. MISC. No.24280 of 2023(2) dt.19-05-2023 2/3 caught her and when she raised alarm, then Deepak Rai pressed her mouth and dragged her and took her to a nearby "Chaur" and put off her Salwar and started pressing her breast. Mithlesh Rai and Deepak Rai and others assaulted her and threatened her to keep mum otherwise they will kill her. Thereafter the accused persons raped her turn by turn due to which she started bleeding and accused Deepak Rai, Vidya Nand Rai and Mithlesh Rai also committed wrong with her, after this the accused persons went away by threatening her not to say the occurrence to anyone otherwise they will kill her. Her mother somehow arrived their along with some other persons and took her back to home, then Mukhiya of the village Shiv Narayan Rai told her that the matter will be settled in a Panchyati but even after three days nothing has happened.

Learned counsel for the petitioners submits that the petitioners are in custody since 23.02.2023 and the petitioners have no antecedent.

Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the aforesaid facts and perusing the materials available on record, I am not inclined to grant bail to the petitioners.

Patna High Court CR. MISC. No.24280 of 2023(2) dt.19-05-2023 3/3 The Trial Court is directed to expedite the trial of the petitioners.

This application stands rejected.

(Sandeep Kumar, J) Shishir/- U T