Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28367 of 2020 Arising Out of PS. Case No.-31 Year-2020 Thana- MAHILA P.S. District- Bhojpur ====================================================== CHANDAN KUMAR S/O Ashok Yadav @ Ashok Kumar Singh Resident of Village - Ishari Police Station - Ayar, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr.Uday Kumar, Advocate For the Opposite Party/s :

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-11-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Mahila P.S. Case No. 31 of 2020, registered for the offence punishable under Sections 376(d), 506 and 34 of the Indian Penal Code.

The informant alleged that on 30.01.2020 at 10.00 am, when she had gone to attend the call of nature, this petitioner along with other co-accused committed rape with her and also made her vulgar video. The accused persons made her video viral and the same video came on the mobile of her cousin

Patna High Court CR. MISC. No.28367 of 2020(2) dt.10-11-2020 2/2 brother.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case due to previous enmity. FIR has been lodged after delay of three months, for which no plausible explanation has been given. Petitioner is in custody since 04.04.2020 having no criminal antecedent.

Learned APP however, vehemently opposed the prayer for bail and submitted that prosecution version is also supported by the victim girl in her statement under Section 164 Cr.P.C.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T