Nawal Kumar @ Nawal Kishore v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45625 of 2024 Arising Out of PS. Case No.-496 Year-2023 Thana- MINAPUR District- Muzaffarpur ====================================================== Nawal Kumar @ Nawal Kishore S/o Vishwanath Prasad @ Vishwanath Bhagat R/o vill - Mustafaganj, ward no. 4, P.s. - Minapur, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Punam Shrivastava, Advocate For the State :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner; learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Minapur (Muzaffarpur) P.S. Case No. 496 of 2023 registered for the offence punishable under Sections 376 and 389 of the Indian Penal Code and Section 66 of the I.T. (Amended) Act, 2000.

3. The allegation against the petitioner is of threatening the victim-informant and committing rape with her. It is also alleged that the petitioner had recorded his sexual acts with the informant and he used to blackmail the informant on the basis of that. The petitioner is also accused in Ahiyapur (Muzaffarpur) P.S. Case No. 376 of 2023 for causing gun shot injury to the husband of the victim-informant.

Patna High Court CR. MISC. No.45625 of 2024(2) dt.03-07-2024 2/3

4. It has been urged by the learned counsel for the petitioner that the informant has not been raped but it is counter case by the petitioner as a case was filed by the mother of the petitioner against the husband of the victim-informant.

5. The petitioner is in jail since 11.01.2024.

6. Learned counsel for the informant has opposed the prayer for bail and has submitted that the victim-informant has supported the FIR in her statement under Sections 161 and 164 Cr. P.C. Apart from that it has also come that the recordings of the telephonic conversation between the petitioner and the informant threat to the informant was recorded and the same has been made available to the Investigating Officer in pen drive.

7. Mr. Jharkhandi Upadhyay, learned APP has also opposed the prayer for bail made by the petitioner.

8. I have considered the submissions of the parties. There is direct allegation of rape against the petitioner. The informant has supported the allegation of rape in the statement made under Sections 161 and 164 of the Cr.P.C. Earlier, the petitioner had shot at the husband of the informant. It appears that the petitioner was desperate to have a relationship with the informant and therefore he has indulged in trying to kill the husband of the informant also.

Patna High Court CR. MISC. No.45625 of 2024(2) dt.03-07-2024 3/3

9. In these circumstances, I am not inclined to grant bail to the petitioner.

10. Accordingly, this application is dismissed.

11. The Court below is directed to expedite the trial. (Sandeep Kumar, J) P. Kumar U T