Patna High CourtCR. MISC./51610/2024dismissed

Rudal Mandal v. The State Of Bihar

2024-07-30Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51610 of 2024 Arising Out of PS. Case No.-1389 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== Rudal Mandal SON OF LATE GANAURI MANDAL Villge- Pakki Saray PS- Kahalgaon Ghogha District -Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Navjot Yeshu For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Kahalgaon P.S. Case No. 1389 of 2023, registered for the offences punishable under Sections 376, 504 & 506 of the IPC.

3. As per allegation, the petitioner called the victim on Basa and committed rape upon her. Further, the petitioner allured her to give gold ornaments and threatened her to face dire consequences had she disclosed the fact to anyone. It is further alleged that the victim carries a pregnancy of six months.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.51610 of 2024(2) dt.30-07-2024 2/2 case due to village politics. He is a person of clean antecedent. He has submitted further that there is no eye-witness to occurrence. The name of the petitioner has figured only on the basis of suspicion and he is under custody since 01.04.2024.

5. From perusal of paragraph no. 67 of the case diary, it appears that the victim, in her statement under Section 164 of the Cr.P.C., has stated that the petitioner committed rape upon her.

6. Considering the above-mentioned facts and circumstances, the petitioner does not deserve the privilege for bail, which is hereby rejected.

(Nawneet Kumar Pandey, J) kundan/- U T