Amar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54494 of 2023 Arising Out of PS. Case No.-276 Year-2022 Thana- BIKRAM District- Patna ====================================================== Amar Kumar Son Of Vidhyanand Nat Resident Of Village- Azad Nagar, PsBikram, Dist- Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Manoj Kumar For the Opposite Party/s :
Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 376/34 of the Indian Penal Code. As per allegation in the FIR, petitioner in connivance with other co-accused persons ravished the informant when she has gone out side of village for call of nature at about 9 PM.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. There is no eye witness of the alleged offence. Moreover, the
Patna High Court CR. MISC. No.54494 of 2023(4) dt.28-11-2023 2/2 Petitioner is languishing in judicial custody since 23.6.2022. In contra, learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that victim has specifically stated about the complicity of petitioner in her ravishment. She has stated, in her statement recorded under Section 164 of Cr.P.C., that the petitioner has committed rape with her in connivance with other co-accused persons.
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.
Learned trial court is directed to expedite the trial and conclude the same within stipulated time as mentioned in the status report of Trial Court.
(Sunil Kumar Panwar, J) Nirajkrs/- U T