Uttam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44078 of 2025 Arising Out of PS. Case No.-315 Year-2023 Thana- DHORAIYA District- Banka ====================================================== Uttam Kumar S/O Shambhu Yadav R/O Village- Sankhpura, P.S.- Dhoraiya, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-08-2025 Heard the learned counsel for the petitioner and learned counsel for the State.

2. This is the second attempt of the petitioner for grant of regular bail in connection with Dhoraiya P.S. Case No. 315 of 2023 registered for the offence under Sections 294, 376, 500, 509, 354, 354D of the Indian Penal Code. Earlier the bail application of the petitioner was rejected vide order dated 20.11.2024 passed in Cr. Misc. No. 60408 of 2024 which reads as under:- Heard Mr. Yogesh Chandra Verma, learned senior counsel for the petitioner and Ms. Sangeeta Sharma, learned APP for the State.

2. The petitioner seeks bail in connection with Dhoraiya P.S. Case No. 315 of 2023 registered for the offence punishable under

Patna High Court CR. MISC. No.44078 of 2025(2) dt.01-08-2025 2/3 Sections 294, 376, 500, 509, 354 and 354D of the IPC.

3. As per the prosecution case, the petitioner is accused of establishing sexual relationship and making the photographs of the victim viral. The photographs of the victim made viral by the petitioner are at page 14 of the bail application. The petitioner is in jail since 29.05.2024.

4. Learned APP for the State opposes the prayer for regular bail of the petitioner.

5. Considering the allegation levelled against the petitioner, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this application stands dismissed.

7. The Court below is directed to expedite the trial.

3. Learned counsel for the petitioner submits that the trial has started but from the deposition of the doctor and the I.O. of the case, the case of the prosecution becomes doubtful. He further submits that two more witnesses are yet to be examined in the trial.

4. Considering the gravity of the offence and in view of the Judgment of the Hon'ble Supreme Court in the Case of X Vs. State of Rajasthan and Anr. reported in SCC OnLine SC 3539, this Court is not inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.44078 of 2025(2) dt.01-08-2025 3/3

5. Accordingly, this application is dismissed. (Sandeep Kumar, J) Vikas/- U