Sujay Singh @ Sujay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33741 of 2025 Arising Out of PS. Case No.-258 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Sujay Singh @ Sujay Kumar S/O Sri Bilash Singh @ Ram Bilash Kuwar R/O Village- Telghi, P.S- Kharik, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parmatma Singh, Advocate For the Opposite Party/s :

Dr.(Mrs.) Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-07-2025

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Sessions Case no.715 of 2023 (arising out of Parbatta P.S. Case no.258 of 2023) registered under sections 376 and 506 of the Indian Penal Code.

3. As per the prosecution case, the informant states that his daughter was taken away by the petitioner, intoxicated and thereafter raped. It is further stated that the petitioner also made a video of the occurrence and started to blackmail her. She subsequently narrated about the occurrence to her mother.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 26.7.2024 passed in Cr. Misc. no.31281 of 2024. Inspite of the petitioner having remained in custody since 12.6.2023,

Patna High Court CR. MISC. No.33741 of 2025(3) dt.11-07-2025 2/3 the trial has still not concluded. Learned counsel in reference to the deposition of the witnesses examined in course of trial submits that there is no chance of the conviction of the petitioner. Further, as per instructions received, the alleged victim not being interested in pursuing the case, is not appearing in the learned trial Court. The petitioner undertakes to cooperate in the trial and to abide by any condition which may be laid by this Court for his release on bail.

5. The application for bail is opposed by learned A.P.P. for the State who submits that the victim supported the prosecution case against the petitioner in her statement under section 164 Cr.P.C. The trial having neared its conclusion with examination of almost all the prosecution witnesses, bail may not be granted.

6. A report was called for from the learned trial Court. As per report received contained in letter dated 25.6.2025, six witnesses on behalf of the prosecution including the doctor and the 1st Investigating Officer have been examined. The second Investigating Officer and the victim remain to be examined.

7. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR, the victim having supported the prosecution case in her

Patna High Court CR. MISC. No.33741 of 2025(3) dt.11-07-2025 3/3 statement under section 164 Cr.P.C. and the trial having neared its conclusion with six out of the eight witnesses having been examined, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) Saurabh/- U T