Krishna Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36019 of 2021 Arising Out of PS. Case No.-24 Year-2021 Thana- UJIYARPUR District- Samastipur ====================================================== KRISHNA KUMAR JHA S/O Upendra Jha Resident of Village - Nikaspur Ward No. 12, PS - Ujiarpur, District - Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 376, 342, 506 and 34 of the Indian Penal Code.

As per the prosecution case, the petitioner is said to have committed rape on the informant and of having threatened to make the video viral.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of land dispute between the parties. No witness has supported the allegation in course of investigation. The petitioner was arrested from his house and is in custody since 27.1.2021. He has no criminal antecedent and chargesheet has

Patna High Court CR. MISC. No.36019 of 2021(4) dt.08-02-2022 2/2 been submitted in the case.

The application for bail is opposed by learned A.P.P. for the State who submits that there is direct allegation against the petitioner of having committed rape on the informant and the same has been supported by the informant in her statement under section 164 Cr.P.C..

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the allegation against the petitioner together with the statement of the victim 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) Spd/- U T