Patna High CourtCR. MISC./47876/2023rejected

Md. Rais v. The State Of Bihar

2023-09-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47876 of 2023 Arising Out of PS. Case No.-229 Year-2022 Thana- DAGARUA District- Purnia ====================================================== MD. RAIS Son of Late Md. Kadir Resident of village - Parbheli, P.S. - Kadwa, Distt. - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Praveen For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 447, 341, 376, 504, 506, 323/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of forcibly committed rape upon the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the informant comes from poor family with ulterior motive implicated the petitioner to malign his reputation and prestige in society as well as to put pressure upon him for marry or to extort money from the petitioner. Petitioner is languishing in judicial custody since

Patna High Court CR. MISC. No.47876 of 2023(3) dt.12-09-2023 2/2 06.03.2023.

5. Learned APP for the State has opposed the application for bail and submitted that petitioner is named in the FIR. The statement of the victim has been recorded u/s 164 of the Cr.P.C., in which she stated that this petitioner committed rape upon her forcibly, which corroborates the prosecution case. During investigation several witnesses have also supported the prosecution case.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial Court is directed to conclude the trial expeditiously.

(Sunil Kumar Panwar, J) arish/- U