Akhilesh Mushar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.577 of 2021 Arising Out of PS. Case No.-163 Year-2014 Thana- ARA MUFFSIL District- Bhojpur ====================================================== AKHILESH MUSHAR son of Sarga Mushar Resident of Alipur, P.S.- Ara Muffasil, District- Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar, Adv.

For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of normal functioning of the court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 376 (1) of the Indian Penal Code.

Prosecution case as lodged by the informant is that when she was sleeping on the roof of his house, petitioner came and closed her mouth and raped her thereafter, he ran away through the other roof.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.577 of 2021(2) dt.23-02-2021 2/2 petitioner is innocent and has been falsely implicated in this case due to dirty village politics. He submits that victim lady was not produced before the learned court below to record her statement under Section 164 of Cr.P.C. which creates serious doubt to the prosecution case. He further submits that petitioner bears no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 08.01.2020.

Considering the serious nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, bail application of the petitioner is rejected in connection with Ara Mufassil P.S. Case No. 163 of 2014 pending before the court of the learned Chief Judicial Magistrate, Ara at Bhojpur. However, petitioner is at liberty to renew his prayer for bail after framing of charge.

(Anjani Kumar Sharan, J) devendra/- U T