Bittu Singh @ Bittu Kumar @ Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51349 of 2024 Arising Out of PS. Case No.-712 Year-2023 Thana- SURSAND District- Sitamarhi ====================================================== Bittu Singh @ Bittu Kumar @ Aman Kumar S/o Vinay Singh @ Binay Singh R/o Village- Matauna, P.S.- Sursand, Dist.- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sunita Devi W/o Biltu Sah R/o Village- Matauna ward No.12, P.S.- Sursand, Dist.- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar, Adv.

For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-08-2024 Heard learned Counsel for the petitioner, learned APP for the State and counsel for the informant.

2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Sursand P.S. Case No.712 of 2023 under Sections 341, 323, 504, 506, 376 and 34 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against nine named accused persons including the petitioner against whom there is allegation that the petitioner on the gun point has outrage the modesty of the informant's daughter and subsequently, alleged to commit rape.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.51349 of 2024(2) dt.21-08-2024 2/2 petitioner is innocent and has committed no offence. He submits that the present F.I.R. is the result of love affair which has been developed between the alleged victim and the petitioner.

5. Counsel further submits that antecedent of the petitioner is not clean and there is one criminal case pending against him in which he is on bail and in the said case, he has been falsely implicated.

6. Learned APP for the State opposes the prayer for bail.

7. Learned counsel for the informant vehemently opposes the prayer for bail and submits that the allegation is specific in the F.I.R. and in the rejection order, it has come that the victim has supported the allegation made in the F.I.R. He further submits that petitioner's antecedent is not clean and he has been accused in one similar type of case.

8. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner, therefore the bail application of the petitioner is hereby rejected. (Dr. Anshuman, J.) Prakashmani/- U T