Ramotar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27706 of 2025 Arising Out of PS. Case No.-384 Year-2024 Thana- SIRDALA District- Nawada ====================================================== Ramotar Chaudhary S/O Kuleshwar Chaudhary @ Kuleshwar Chaudhari Resident Of Village- Partapur, Ps- Sirdalla, District- Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Parmila Devi W/O Manoj Prasad Resident Of Village- Inrwadih, PsSirdalla, District- Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-07-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Sidalla P.S. Case No. 384 of 2024 instituted for the offence under Sections 126(2), 127(2), 115(2), 118(1), 64(1), 351(2) & 352 of the Bharatiya Nyaya Sanhita, 2023 and Section 37 of the Bihar Prohibition and Excise Act.

3.

Prosecution case in short is that petitioner allegedly raped the informant in an intoxicated condition. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 15-10-2024. Petitioner bears no criminal antecedent, as per disclosure made in

Patna High Court CR. MISC. No.27706 of 2025(4) dt.22-07-2025 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Charge sheet is submitted in this case. Learned counsel for the petitioner submits that petitioner has been implicated due to an altercation ensued between the informant and the petitioner. There is no eye witness to the occurrence. Learned counsel for the petitioner submits that medical report does not support the prosecution case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Referring to the statement of the victim recorded under Section 183 of the BNSS, 2023, it is submitted that victim has fully supported the prosecution case.

7.

Considering the aforesaid facts and circumstances of the case, there being direct allegation against the petitioner, which is corroborated by the statement of the victim recorded under Section 183 of the BNSS, 2023, this Court is not inclined to grant bail to the petitioner at this stage. Prayer is accordingly rejected.

8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and

Patna High Court CR. MISC. No.27706 of 2025(4) dt.22-07-2025 3/3 unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T