Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33280 of 2021 Arising Out of PS. Case No.-238 Year-2020 Thana- RANIYATALAB District- Patna ====================================================== ROHIT KUMAR Son of Sanjay Ram Resident of Village - Janpara, P.S.- Ranitalab, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Advocate For the State :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-03-2022 Heard Mr. Ashok Kumar Sinha, learned counsel for the petitioner and Mr. Kumar Veerendra Narayan, learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Rani Talab P.S. Case No. 238 of 2020 registered for the offence punishable under Sections 376/120(B)of the Indian Penal Code 1860 and Section 67(A) of the I.T. Act.

As per the First Information Report, the petitioner committed rape upon the informant with the help of his friends. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the First Information Report has been lodged after delay of 15 days. He further submits that trial of the case has now begun and in the statement of victim girl/informant recorded during

Patna High Court CR. MISC. No.33280 of 2021(4) dt.07-03-2022 2/2 course of investigation, she has not supported the prosecution story and has stated that the Police had taken her signature on a blank paper and lodged the First Information Report. Having heard learned counsel for the parties and taking into consideration the materials on record, the fact that the trial has now begun and it is at advanced stage and the victim has retracted from her statement recorded during course of investigation, I am not inclined to grant regular bail to the petitioner at this stage.

Accordingly, the this application stands dismissed. However, the petitioner may renew his prayer for bail after six months if the trial is not concluded. (Anil Kumar Sinha, J) S.Ali/- U T