Patna High CourtCR. MISC./44803/2022rejected

Ajit Kumar v. The State Of Bihar

2023-04-06Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44803 of 2022 Arising Out of PS. Case No.-190 Year-2022 Thana- DINARA District- Rohtas ====================================================== AJIT KUMAR Son of Chhathu Ram Resident of Village - Kori , P.o.- Purbi Bhalari, P.s.- Dinara (Bhanas), Distt.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramanuj Tiwary, Adv.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 05.06.2022, in connection with Dinara (Bhanas) P.S. Case No. 190/2022, F.I.R. dated 04.06.2022, for the offences punishable under Section 376 of the Indian Penal Code.

According to prosecution case, there is allegation against the petitioner of committing rape upon the victim on the false assurance of marriage.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that in fact the petitioner was in love with the victim and the police after

Patna High Court CR. MISC. No.44803 of 2022(5) dt.06-04-2023 2/2 investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 05.06.2022. Learned counsel for the informant as well as learned Additional Public Prosecutor for the State on the other hand on the basis of material available on the record and the case diary vehemently opposed the prayer for bail of the petitioner and submits that the medical report of the victim opined her pregnancy test positive. So, the allegation against the petitioner as alleged in the F.IR. Is also confirmed by the medical report of the victim.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Dinara (Bhanas) P.S. Case No. 190/2022, pending in the court of learned Chief Judicial Magistrate, Rohtas at Sasaram. Prayer is refused.

amit/- (Rajesh Kumar Verma, J) U T