Ram Babu Sah @ Ram Babu Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50279 of 2025 Arising Out of PS. Case No.-131 Year-2024 Thana- BIRAUL District- Darbhanga ====================================================== Ram Babu Sah @ Ram Babu Sahu S/o Prem Sahu R/o Vill- Ratirahi, P.S.- Biraul, Distt- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Raj Kumari Devi W/o Budhan Sahu R/o Vill- Ratihari, P.S.- Biraul, DisttDarbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Krishna Prasad Singh, Sr. Advocate Mr. Kedar Jha, Advocate For the State :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-12-2025 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 363 and 34 of the Indian Penal Code.

3. As per prosecution case, it is alleged that on 27.03.2024 at about 4:30 AM, while daughter of informant went to attend call of nature, in the meantime, this petitioner, along with other accused persons, confined her in a room and thereafter, committed rape.

4. It is submitted by learned senior counsel for the

Patna High Court CR. MISC. No.50279 of 2025(3) dt.01-12-2025 2/3 petitioner that petitioner is quite innocent and has committed no offence. Informant is not an eye witness of the occurrence. As a matter of fact, both parties are co-villagers and due to village politics, this false and concocted case has been lodged. Moreover, charge-sheet has already been submitted and petitioner is in custody since 21.04.2025. Petitioner has got no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner is named in the F.I.R. with specific accusation that he, along with other accused persons, kidnapped the daughter of informant and committed rape. During course of investigation, the victim was recovered and in her statement recorded under Section 164 of the Cr.P.C., she has supported the prosecution case.

6. Considering the facts and circumstances of the case, specific and direct nature of accusation, gravity of offence and statement of the victim recorded under Section 164 of the Cr.P.C., the prayer for grant bail of to the petitioner is rejected.

7. However, considering the fact that the petitioner is in custody since 21.04.2025, the learned trial court is directed to expedite the trial and conclude the same preferably within a

Patna High Court CR. MISC. No.50279 of 2025(3) dt.01-12-2025 3/3 period of one year from the date of receipt/production of a copy of this order.

(Prabhat Kumar Singh, J) shashank/- U T