Suraj Kumar @ Suraj Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52465 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- NAUGACHIA MAHILA P.S. DistrictBhagalpur ====================================================== SURAJ KUMAR @ SURAJ MANDAL SON OF BINDESHWARI MANDAL @ VINDESHWARI MANDAL R/V- GOSAINGAON, P.S.- GOPLALPUR, DISTT.- BHAGALPUR ... ... PETITIONER/S
VERSUS
THE STATE OF BIHAR PATNA ... ... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Mishra, Advocate Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s :
Mr. Ahmad Ali , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 376
Patna High Court CR. MISC. No.52465 of 2024(3) dt.07-10-2024 2/3 and 506 of the IPC .
3 . As per prosecution case , the allegation against the petitioner is that on the alleged date and time of occurrence , petitioner entered in the room of victim, tied her mouth with Gamchha and committed rape upon the victim.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case . As a matter of fact, there was love affair between informant and petitioner. The relationship was consensual. Both parties are major. Later on informant has filed an application before S. P Naughachia and the matter has been compromised between both the parties. 5 . Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation against this petitioner that he committed rape with victim. The victim in her statement before police has supported the prosecution case .
6. Considering the nature of accusation and
Patna High Court CR. MISC. No.52465 of 2024(3) dt.07-10-2024 3/3 gravity of offence , prayer for pre-arrest bail of the petitioner is rejected.
(Prabhat Kumar Singh, J) Koushik/- U T