Patna High CourtCR. MISC./36355/2020dismissed

Rajan Kumar v. The State Of Bihar

2021-03-12Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36355 of 2020 Arising Out of PS. Case No.-07 Year-2020 Thana- MANSURCHAK District- Begusarai ====================================================== RAJAN KUMAR SON OF CHAUDHARY PASWAN RESIDENT OF VILLAGE - MANSOORCHAK, P.S. MANSOORCHAK, DISTRICT - BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Ms. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-03-2021 Heard the learned counsel for the petitioner and Ms. Anita Kumari Singh, the learned APP for the State. The petitioner seeks regular bail in connection with Mansoorchak PS case no. 07 of 2020 instituted for the offences punishable under Sections 376(D), 379 of Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein having gang-raped the victim girl.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 10.01.2020.

Patna High Court CR. MISC. No.36355 of 2020(3) dt.12-03-2021 2/2 Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail and has submitted that the petitioner is engaged in heinous crime of committing rape with the prosecutrix and the statement of the victim girl made under Section 164 Cr.P.C. before the learned Magistrate also corroborates the alleged crime committed by the petitioner. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also those available in the case diary, this Court finds that the complicity of the petitioner is writ large in the heinous crime alleged to have been committed by him along with the other co-accused persons, hence I do not find any merit in the present petition, accordingly the same stands dismissed. (Mohit Kumar Shah, J) rinkee/- U T