Patna High CourtCR. MISC./52507/2022rejected

Rajesh Kumar v. The State Of Bihar

2023-02-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52507 of 2022 Arising Out of PS. Case No.-121 Year-2022 Thana- KALYANPUR District- Samastipur ====================================================== RAJESH KUMAR S/o Sibo Sah R/o- Birsingpur Ward No. 01, P.S.- Kalyanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Kalyanpur P.S. Case no. 121 of 2022 instituted for the offence under Sections 376 and 504 of the Indian Penal Code. As per allegation in the FIR, while the informant was sleeping in her house, petitioner entered into her house and taken her to nearby maize filed and committed rape upon her. It is further alleged that petitioner threatened the informant of dire consequences if she disclose the matter to any one. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to previous enmity. With a view to digest the borrowed amount, which was taken by the informant from the petitioner, she has

Patna High Court CR. MISC. No.52507 of 2022(4) dt.08-02-2023 2/2 lodged this case with concocted story. A medical board, comprising of four doctors was constitute to examine the victim lady, which opined that there is no sigh of sexual assault. Petitioner is languishing in judicial custody since 11.04.2022. Learned APP appearing for the State has opposed the prayer of Bail and submitted that victim has supported the prosecution story in her statement recorded u/s 164 Cr.P.C. She has made direct allegation of rape against the petitioner. 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.

(Sunil Kumar Panwar, J) sushma/- U