Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56762 of 2025 Arising Out of PS. Case No.-96 Year-2025 Thana- BHAGWANPUR District- Vaishali ====================================================== Guddu Kumar S/o Ram Janam Sahani @ Rama Janam Sahni Resident of Village- Kiratpur Raja Ram, Police Station- Bhagwanpur, Distt.- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

.. ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar, Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP For the Informant :

Mr. Ashutosh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-11-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 96 of 2025 registered for the offence under Section 64(i) of the BNS.

3. The accused/petitioner is named in the F.I.R. and is in custody since 13.04.2025.

4. The allegation against the petitioner is to commit rape upon the informant, who is married lady of 45 years old while she was working in field. Informant is the aunt of the petitioner.

5. Learned counsel appearing on behalf of the petitioner submitted that though the petitioner is nephew of the victim and therefore implicated falsely out of family disputes which is apparent from the statement of victim as recorded under Section

Patna High Court CR. MISC. No.56762 of 2025(3) dt.19-11-2025 2/3 183 of the BNSS. It is pointed out that petitioner implicated with present case by creating false evidence. While concluding argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Petitioner claimed clean antecedent.

6. Learned APP duly assisted by learned counsel Mr. Ashutosh Kumar, appearing on behalf of the informant, while opposing the prayer of bail submitted that victim categorically stated while recording her statement under Section 183 of the BNSS that petitioner under influence of alcohol who is her nephew committed rape upon her while she was working in field and asked this petitioner to go back home. It is submitted that upon forensic examination, semen was deducted on both Exhibits i.e. Exhibit 'A' which is petticoat of the victim and Exhibit 'B' which is the yello colour Rupa Jhanghia of the petitioner.

7. In view of aforesaid factual submissions and by taking note of aforesaid FSL finding and further by taking note of statement of victim recorded under Section 183 of BNSS, where she categorically stated against petitioner as to commit rape upon her under influence of alcohol, the prayer of bail of the petitioner stands rejected herewith for the present.

Patna High Court CR. MISC. No.56762 of 2025(3) dt.19-11-2025 3/3

8. As the petitioner is in custody since 13.04.2025, the learned trial court is directed to conclude the trial within provisioned time line in terms of Section 346(1) of BNSS, failing which petitioner may renew his prayer of bail, if so advise. (Chandra Shekhar Jha, J) veena/- U T