Patna High CourtCR. MISC./64998/2024dismissed

Rahul Kumar v. The State Of Bihar

2024-10-26Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64998 of 2024 Arising Out of PS. Case No.-566 Year-2023 Thana- BAKHTIYARPUR District- Patna ====================================================== Rahul Kumar Son of Arun Yadav @ Arun Singh Resident of Village - Champapur (Bakhtiyarpur), P.S. - Bakhtiyarpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Baljit Singh For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Bakhtiyarpur P.S. Case No. 566 of 2023 instituted for the offence under Sections 341, 342 and 376 of the Indian Penal Code.

3.The case of the prosecution is that informant alleged that when her husband was outside home then this petitioner entered in her house and closed her mouth with one hand. It is further alleged that thereafter, he committed rape with her. He was apprehended and identified as Rahul Kumar(petitioner).

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case. A statement has been made in para-3 of this petition that the

Patna High Court CR. MISC. No.64998 of 2024(3) dt.26-10-2024 2/2 petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 18.12.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the statement of the victim/informant was recorded under Section 164 of the Cr.P.C. wherein she supported the prosecution case and categorically stated that this petitioner committed rape with her.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

(Ashok Kumar Pandey, J) Shubham/- U T