Suraj Kumar @ Surya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55934 of 2023 Arising Out of PS. Case No.-143 Year-2022 Thana- DANAPUR District- Patna ====================================================== Suraj Kumar @ Surya Son Of Baijnath Singh Resident Of Village -BHERAHARIYA Post -SIYARAMPUR P.S-. Paliganj District- Patna Pin 801110 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Jha For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

The instant application for regular bail has been filed by the petitioner in a case instituted for the offence punishable under Sections 376(D), 504, 506/34 of the Indian Penal Code, Section 4 of the POCSO Act and Section 67, 67-A of the I.T. Act.

As per allegation in the FIR, informant aged about 16 years, had developed friendship with coaccused Mantosh Kumar via Facebook. He went with the

Patna High Court CR. MISC. No.55934 of 2023(3) dt.29-11-2023 2/3 victim/informant to his friend's house where, petitioner and co-accused Mantosh Kumar committed rape and made a video of the occurrence. The accused persons threatened her not to disclose the matter to any one otherwise they will viral the video on social medial and after some days, co-accused Mantosh Kumar had made the video viral on facebook account of the informant and her brother.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. In fact, informant was in love with the co-accused Mantosh Kumar and they married at Vishnu Pad Mandir, Gaya, but due to fear of her father, she is not accepting. Medical report is not supporting the prosecution story as doctor has also not confirmed the rape upon the victim. The petitioner is languishing in custody since 05.07.2023.

In contra, learned APP appearing for the State and learned counsel appearing for the informant have

Patna High Court CR. MISC. No.55934 of 2023(3) dt.29-11-2023 3/3 opposed the prayer of bail and submitted that statement of the victim girl was recorded under Section 164 Cr.P.C., wherein she had made direct allegation of rape against the petitioner and co-accused Mantosh Kumar. Having heard learned counsel for the parties and taking into consideration that there is direct allegation of committing rape against the petitioner upon the informant, this Court is not inclined to grant bail to the petitioner and, as such, his application for bail stands rejected.

The trial court is directed to expedite the trial and conclude the same at the earliest.

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