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Patna High CourtCR. MISC./43039/2025bail rejected

Jagrup Kumar v. The State Of Bihar

2025-07-22Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43039 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- PURAINI District- Madhepura ====================================================== Jagrup Kumar Son of Subodh Singh Resident of village - Ganeshpur, P.S.- Puraini, District - Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Komal Kumari Daughter of Mantu Singh Resident of village - Ganeshpur Ambedkar Chauk Se Dakshin Nahar, P.S.- Puraini, District - Madhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad, Adv.

For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Puraini P.S. Case No. 31 of 2025 dated 18.02.2025 registered for the offences punishable u/ss 65(1), 115(2), 351(2), 351(3) read with Section 3(5) and 64 of the B.N.S. and Section 4 of the POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have committed rape on the informant. When the informant told the incident to her mother then the co-accused, Ashok Singh, Dharo Singh, Amar Singh and Gopal Singh armed with lathis (wodden stick), belts and bamboo sticks entered the house of the informant and started assaulting the victim and her family

Patna High Court CR. MISC. No.43039 of 2025(2) dt.22-07-2025 2/3 members with intention to kill her and threatened that if the victim told the said incident to anyone, she would be killed.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has been made accused in this case merely on suspicion. The occurrence took place on 13.02.2025 but the F.I.R. was lodged on 18.02.2025 and there is no explanation for the same. The petitioner was not apprehended from the place of occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 11.03.2025.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that the specific allegation of committing rape is against the petitioner. As per the impugned order, the victim in her statement recorded u/s 183 of the B.N.S.S. has clearly stated that the petitioner took her into the maize field where he committed rape on her and threatened the victim to kill her if she disclosed the said incident to anyone. Learned counsel has further submitted that the victim is a minor girl.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the

Patna High Court CR. MISC. No.43039 of 2025(2) dt.22-07-2025 3/3 petitioner, I am not inclined to enlarge the petitioner above-named on bail.

7. Learned trial court is directed to expedite the trial and conclude the same at the earliest.

8. The application stands rejected.

(Chandra Prakash Singh, J) Gautam/- U T