Patna High CourtCR. MISC./49200/2023rejected

Raushan Kumar v. The State Of Bihar

2023-10-10Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49200 of 2023 Arising Out of PS. Case No.-259 Year-2023 Thana- AKBARPUR District- Nawada ====================================================== Raushan Kumar Son Of Ramchandra Prasad R/O-Nadpurnadih, P.S.- Akabarpur, Distt.-Nawada (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Kumar For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 365, 420, 376, 34 of the Indian Penal Code. It is alleged against the petitioner and other F.I.R named accused persons that they kidnapped the informant and thereafter this petitioner forcefully committed rape and continued the same for one month. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.49200 of 2023(4) dt.10-10-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner and the victim were in love with each other and they solemonized marriage in a temple on 14.03.2023 but due to pressure, the victim made allegation of her kidnapping and forceful solemnization of marriage against the petitioner and others. The informant is major. The petitioner is languishing in custody since 25.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that the specific accusation of kidnapping and committing rape is against the petitioner.

Considering the fact that thrust of accusation is against the petitioner, this Court is not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected.

Patna High Court CR. MISC. No.49200 of 2023(4) dt.10-10-2023 3/3 The Trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Shageer/- U T