Sudharshan Kahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35810 of 2025 Arising Out of PS. Case No.-65 Year-2024 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== Sudharshan Kahar S/o Late Potan Kahar R/o Village- Betari, PS- Bhabhua, Dist- Kaimur ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Mila Devi W/o Sihal Bind R/o vill - Betari, P.S.- Bhabhua, Distt.- Kaimur (Bhabhua) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Babu Nandan Prasad, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mahila P.S. Case No. 65 of 2024 dated 24.11.2024 registered for the offences punishable u/ss 64, 351(2) and 109(1) of the B.N.S.

3. As per the prosecution case, the petitioner is alleged to have committed rape on the informant and also threatened to kill her if she would disclose the incident to anyone.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a case and counter case between the parties. It is further submitted that there is a delay of three days in lodging the

Patna High Court CR. MISC. No.35810 of 2025(2) dt.18-06-2025 2/2 F.I.R. without any explanation. The petitioner has no concern with the alleged offence. Learned counsel has further submitted that the medical report of the victim does not support the prosecution case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.04.2025.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that the specific allegation of rape on the informant is against the petitioner. As per the impugned order, the statement of the victim recorded u/s 183 of the B.N.S.S. has supported the accusation against the petitioner which is evident from para 3 of the case diary.

6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner above-named on bail.

7. Learned trial court is directed to expedite the trial and conclude the same at the earliest.

8. The application stands rejected.

(Chandra Prakash Singh, J) Gautam/- U T