Patna High CourtCR. MISC./64594/2021bail rejected

Md. Mauli v. The State Of Bihar

2022-04-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64594 of 2021 Arising Out of PS. Case No.-501 Year-2021 Thana- SITAMARHI District- Sitamarhi ====================================================== MD. MAULI S/O LATE MD. BUDHAN R/o village- Bhasar Anharman, P.S.- Sitamarhi, Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-04-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 376 and some other allied Sections of the Indian Penal Code.

As per the prosecution case, this petitioner administered some intoxicating substance to the informant and raped her while she was in semi-unconscious state and also made a video and thereafter sexually exploited her by giving threatening.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case due to village politics. It is submitted that petitioner has not made any physical relation with the informant and informant has filed this case with malafide intention. It is further submitted

Patna High Court CR. MISC. No.64594 of 2021(4) dt.19-04-2022 2/2 that the alleged occurrence took place about one and half year ago but the FIR was lodged on 25.06.2021. Petitioner claims clean antecedent and is in custody since 09.07.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail and submits that victim in her statement u/s 164 of the Cr. P. C. supported the prosecution case and alleged that this petitioner subjected her to continuous sexual assault resulting into pregnancy. The medical examination also corroborates the allegation made by the victim. Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T