Sunni Kumar @ Sanni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62554 of 2022 Arising Out of PS. Case No.-306 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== SUNNI KUMAR @ SANNI KUMAR Son of Rajesh Paswan R/O Vill.- Bhagwanpur, P.S.- Kudhani (Fakuli O.P.), Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Section 376 IPC, Section 4 of POCSO Act and Section 67 of the I.T. Act.

It is a case of committing rape by the petitioner on knife point upon the 16 years old minor daughter of the informant, when she was out of the house for grazing her shegoat. It is further alleged that petitioner has made viral the video of the alleged offence and threatened her of dire consequences.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to

Patna High Court CR. MISC. No.62554 of 2022(3) dt.17-03-2023 2/2 previous land dispute. There is delay of 19 days in lodging the FIR. As per medical report, doctor has not found any internal or external injury on the body of the victim. He has got no criminal antecedent. Petitioner is languishing in judicial custody since 16.07.2022.

Learned APP appearing for the State has opposed the prayer of bail and submitted that statement of the victim girl was recorded under Section 164 Cr.P.C., wherein she has made direct allegation of committing wrong against the petitioner. Petitioner has also threatened her and created the video of the alleged incident and make it viral on social media. Having heard learned counsel for the parties and taking into consideration that there is direct allegation of committing rape against the petitioner, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U