Mukesh Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41310 of 2022 Arising Out of PS. Case No.-82 Year-2022 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Mukesh Bhagat S/O Radha Mohan Bhagat @ Radhe Mohan Bhagat Resident Of Village Barwa Khurd, P.S. Kundwa Chainpur, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Kundwa Chainpur P.S. Case No. 82 of 2022 instituted for the offence under Sections 328, 376, 506 and 34 of the Indian Penal Code and Section 4/6 of the POCSO Act and Section 66(E) of the I.T. Act.

Prosecution case in short is that petitioner enticed away the informant/victim from Rajkiya Utkramit Uchcha Vidyalaya, Samapur and took her in his house and offered intoxicated ice-cream and on pistol point, he forcibly committed rape upon her, took naked photo of the victim on his mobile and get the video viral with intention to blackmail and also

Patna High Court CR. MISC. No.41310 of 2022(3) dt.14-02-2023 2/3 threatened her of dire consequences.

It is submitted by learned counsel for the petitioner that petitioner and his family members have been falsely implicated in this present case. It is further submitted that the both parties are belonging to the same village having some dispute and annoyance due to dirty village politics. Nothing incriminating has been recovered from the petitioner. Petitioner is languishing in custody since 24.05.2022.

Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that the statement of the victim was recorded under Section 164 of Cr.P.C., in which she specifically stated that petitioner was in the habit of committing rape on pistol point resulting into pregnancy to which later on, the same was terminated by the petitioner after administering medicine. Petitioner threatened of dire consequences to the informant and make her obscene photos viral on social media.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite the trial and

Patna High Court CR. MISC. No.41310 of 2022(3) dt.14-02-2023 3/3 conclude the same as early as possible.

(Sunil Kumar Panwar, J) shubham/- U T