Patna High CourtCR. MISC./39060/2023bail rejected

Manish Kumar v. The State Of Bihar

2023-07-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39060 of 2023 Arising Out of PS. Case No.-291 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== Manish Kumar S/o Suraj Prasad, R/o Village- Mathia, PS. Pakridayal, Dist. East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State as well as learned counsel for the informant.

3. The petitioner seeks regular bail in connection with Pakridayal P.S. Case No. 291 of 2022 dated 22.11.2022, lodged under Sections 376, 420, 34 of the Indian Penal Code.

4. As per prosecution case, the allegation of rape of an alleged minor girl against the petitioner is there in the F.I.R.

5. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner's side has given loan to the informant's side for which Panchayati took place and when money has not been given then complaint case has been filed against the

Patna High Court CR. MISC. No.39060 of 2023(2) dt.07-07-2023 2/2 informant's side and in retaliation the present F.I.R. has been filed against the petitioner's side. He also submits that antecedent of petitioner is clean and he is in custody since 24.12.2022.

6. Learned counsel for the informant vehemently opposes the prayer for bail and submits that from the date of lodging the F.I.R. and date of lodging of complaint petition everything is clear.

7. Learned counsel for the State also opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Accordingly, the bail application of the petitioner is hereby rejected.

(Dr. Anshuman, J.) ravishankar/- U T