Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44649 of 2025 Arising Out of PS. Case No.-147 Year-2024 Thana- KUDHNI District- Muzaffarpur ====================================================== Ajay Kumar S/O Rajendra Bhagat R/O Village- Bangra Hardas, P.S- Kudhani, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ansul, Sr. Advocate Mr. Anuj Kumar, Advocate For the State :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-08-2025 Heard Mr. Ansul, learned senior counsel for the petitioner and Mr. Harendra Prasad, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 24.04.2025 in connection with Kudhani P.S. Case No. 147 of 2024, F.I.R. dated 28.06.2024 for the offences punishable under Sections 376, 504, 506/34 of the IPC and 66(C), 67, 67(A) of the I.T. (Amended) Act, 2000.

3. According to prosecution case, the petitioner is said to have committed rape upon the informant on the false pretext of making ration card. It is further alleged that he is said to have shoot nude video of the informant and threatened her to make that video viral.

Patna High Court CR. MISC. No.44649 of 2025(3) dt.01-08-2025 2/3

4. Learned senior counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. It appears from the FIR itself that the petitioner has established physical relation with the informant on the pretext of making ration card and threatened to make the nude video viral if she refuse. It is further submitted that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. It is further submitted that from a bare perusal of the FIR, it appears that the date of occurrence as alleged in the FIR is six months before filing of the FIR and neither so called viral video has not been found by the prosecution nor any evidence has come during investigation to suggest the involvement of the petitioner in the present crime in question. The petitioner is in custody since 24.04.2025.

5. The learned Additional Public Prosecutor for the State, on the other hand, on the basis of materials available on record and case diary, has vehemently opposed the prayer for bail of the petitioner and submits that the statement of victim has been recorded under Section 164 of the Cr.P.C./ 183 of the BNSS, 2023 in which she has stated that the petitioner on pretext of making ration card, has committed rape upon her and

Patna High Court CR. MISC. No.44649 of 2025(3) dt.01-08-2025 3/3 also shoot her nude video.

6. Considering the aforesaid facts, there is direct and specific allegation against the petitioner in the FIR supported by the statement of victim recorded under Section 164 of the Cr.P.C./ 183 of the BNSS, 2023, I am not inclined to enlarge the petitioner on bail in connection with Kudhani P.S. Case No. 147 of 2024 pending in the court of learned A.C.J.M.-1st (W), Muzaffarpur.

7. Prayer is refused.

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