Patna High CourtCR. MISC./57378/2023bail rejected

Sonu Kumar v. The State Of Bihar

2023-11-08Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57378 of 2023 Arising Out of PS. Case No.-171 Year-2023 Thana- DANAPUR District- Patna ====================================================== SONU KUMAR S/o- ASHOK SAO Village- SAhpur Ps- Sahpur Dist- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rudra Deo, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for grant of regular bail in connection with Danapur P.S. Case no. 171 of 2023 registered under section 376 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the petitioner took her on a tempo to an isolated place in the forest and committed rape on her.

4.Learned counsel for the petitioner submits that petitioner has been falsely implicated in the case. The petitioner is a confectioner from whom the informant had taken an advance loan of Rs.10,000/- and had agreed to work with him for the whole season. Subsequently, on the petitioner asking her either to work or to return the advance amount taken by her, the petitioner has now been falsely implicated in the case. It is

Patna High Court CR. MISC. No.57378 of 2023(3) dt.08-11-2023 2/2 submitted that on the alleged date of occurrence itself the informant was medically examined and the medical report does not support the prosecution case. The informant happens to be a 60 year old lady. The petitioner is in custody since 18.5.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation of rape against the petitioner in the FIR which has been supported by the informant in her statement under section 164 Cr.P.C., the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) ajay/- U T