Deepak Kumar @ Deepak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69594 of 2021 Arising Out of PS. Case No.-394 Year-2018 Thana- MITHANPURA District- Muzaffarpur ====================================================== Deepak Kumar @ Deepak Singh S/o Shri Nagendra Prasad Singh Resident of Mohalla- Shiv Shankar Path, Mithanpura, P.S.- Mithanpura, DistrictMuzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Mithanpura P.S. Case No. 394 of 2018 under sections 420/290/34 of the Indian Penal Code and 30(a) of Bihar Prohibition & Excise Act, 2016.

The prosecution story, in short, is that the informant has stated in his written report that on 22.10.2010, Kiran Kumari aged 17 years was living with her so-called brother-inlaw, Dileep Mahto in the house of Rakesh Singh @ Tuntun Kumar at Khadi Bhandar as tenant. Kiran Kumari filed an application on 21/22.10.2018 against five accused persons for rape and assault for which Mithanpura P.S. Case No. 393 of 2018 was registered under section 376(D) and other sections of

Patna High Court CR. MISC. No.69594 of 2021(3) dt.25-07-2022 2/2 the IPC and POCSO Act and SC/ST Act against the accused Chandan Thakur, Chhoto Thakur, Tinku Thakur and Dablu Thakur. However, no sign of rape has been confirmed on examination of the victim. He later stated that he is in business of liquor in full cooperation and support of accused and the petitioner herein, Deepak Kumar @ Deepak Singh. Accordingly, the said house was raided and 240 bottles of Indian Made Foreign Liquor was/were recovered/seized.

Taking into account the fact that FIR was lodged against the petitioner on 23.10.2018 but he evaded arrest and finally came into judicial custody only in the year 2021 as also the fact that he has criminal antecedent, this Court is not inclined to grant him the privilege of bail which is accordingly rejected.

(Rajiv Roy, J) Ravi/- U T