Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28641 of 2020 Arising Out of PS. Case No.-110 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== DHARMENDRA KUMAR, Son of Tulsi Ram @ Tulsi Das, Resident of Village- Dashratha, P.S.- Beur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Binod Kumar III ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Section 376 of the Indian Penal Code. The prosecution case in brief is that the informant has given his statement stating therein that his daughter namely Madhu Mala Kumari is mentally discarded and she is aged about 17 years, she was washing cloth in her house and finding her along petitioner entered into the house and committed rape with her. He has further alleged that his neighbour namely Dharmendra Kumar (petitioner) has committed rape with his daughter and also threatened to kill her. Lastly, it is alleged that when the sister and Bhabhu of the informant went to the house of accused they committed assault with them.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.28641 of 2020(3) dt.16-12-2020 2/2 petitioner is innocent and has falsely been implicated in this case. The petitioner has dragged in this case merely on suspicion because there is no eye witnesses of the occurrence. The petitioner is in jail custody since 26.10.2019. The petitioner has no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State opposes the prayer for bail petition.

I perused the record and case diary, statement of victim recorded under Section 164 Cr.P.C. in which victim has supported the prosecution case and other witnesses have also supported the prosecution case.

Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Special Case No. 199/2019 arising out of Mahila P.S. Case No. 110/2019 from the Court of learned Additional District and Sessions Judge, Patna. Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) amitkumar/- U T