Patna High CourtCR. MISC./34709/2024rejected

Surendra Kumar v. The State Of Bihar

2024-08-09Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34709 of 2024 Arising Out of PS. Case No.-363 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== Surendra Kumar S/o Vishawanath Ram @ Vishwanath Bhagat R/O VillPaharpur, Police Station-Shyampur Bhatha, Dist-Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-08-2024 Heard Mr.Deepak Kumar, learned counsel for the petitioner and Ms.Nirmala Kumari, learned APP for the State.

2. The petitioner seeks bail, who is in custody since 20.05.2023 in connection with S.Tr.No.872 of 2023 arising out of Kanti P.S. Case No. 363 of 2023, F.I.R. dated 19.05.2023 registered for the offence punishable under Section 376 of IPC and Section 67(A) of I.T. Act.

3. Earlier the prayer for bail of the petitioner was rejected vide order dated 19.09.2023 passed in Cr.Misc.No.54031 of 2023.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has

Patna High Court CR. MISC. No.34709 of 2024(3) dt.09-08-2024 2/2 not committed any offence as alleged in the FIR.

5. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim under Section 164 Cr.P.C. was recorded in which she has categorically stated that video which is made viral on the social media was before the marriage and she has stated that the petitioner has established physical relation with her on the pretext that the petitioner would marry with her and soon after the marriage of victim to another person, the petitioner has made the video viral on social media.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with S.Tr.No.872 of 2023 arising out of Kanti P.S. Case No. 363 of 2023 pending in the court of learned Exclusive Special Judge, POCSO-3, Muzaffarpur.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T