Guddu Sah @ Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51041 of 2025 Arising Out of PS. Case No.-70 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== Guddu Sah @ Guddu Kumar S/o Late Shyam Sundar Sah R/o VillagePurnahiya, P.S.- Ghorasahan, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Eashita Raj, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP For the Informant :

Mr. Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-10-2025 Heard Ms. Eashita Raj, learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State as also Mr. Ashok Kumar, learned counsel for the informant. Perused the case diary.

2.

The petitioner seeks bail in connection with Ghorasahan P.S. Case No. 70 of 2024 instituted for the offence under Sections 376 & 34 of the Indian Penal Code. 3.

Prosecution case, in short, is that petitioner committed rape of the informant several times and converted her religion.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.05.2025. Petitioner

Patna High Court CR. MISC. No.51041 of 2025(3) dt.15-10-2025 2/3 bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is inordinate delay of approximately one year in lodging the FIR. Informant stated that she was brought a year ago and she was continued to be exploited for several years, which is self-contradictory and creates doubt on the prosecution case. Nothing has been recovered from the conscious possession of the petitioner. Allegation of forced change of name to 'Khushboo' is completely unsubstantiated.

6.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. Referring to the statement of the victim recorded under Section 164 of the Cr.P.C., it is submitted that victim has stated that petitioner has forcefully committed rape upon the informant.

7.

Considering the aforesaid facts and circumstances of the case and specifically taking into account that fact that victim has stated against the petitioner in her statement recorded under Section 164 of the Cr.P.C., this Court is not inclined to grant bail to the petitioner. Prayer for grant of bail to the

Patna High Court CR. MISC. No.51041 of 2025(3) dt.15-10-2025 3/3 petitioner is hereby rejected.

8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T