Ranjeet Kumar @ Indrajeet Sharma @ Ranjeet Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63700 of 2022 Arising Out of PS. Case No.-146 Year-2020 Thana- SIKARPUR District- West Champaran ====================================================== RANJEET KUMAR @ INDRAJEET SHARMA @ RANJEET SHARMA Son of Jagat Narayan Sharma @ Jag Narayan Sharma @ Jag Narayan Thakur R/V- Kukura, P.S- shikarpur, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner in a case registered for the offence punishable under Sections 363/366(A) of the Indian penal Code, Section 8 of the POCSO Act and Sections 3(i)(r)(S) of the AC/ST Act. It is a case of commission of abduction and rape by four accused persons including the petitioner after offering her intoxicated drink.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is not named in the FIR. Allegation of abduction is against co-accused Md. Parvej Alam and not

Patna High Court CR. MISC. No.63700 of 2022(3) dt.07-04-2023 2/2 against the petitioner. Statements of the victim recorded u/s 161 Cr.P.C. contradicts the statement of victim girl recorded u/s 164 Cr.P.C. . There is delay of 25 days in lodging the FIR. The Petitioner has no criminal antecedent and languishing in judicial custody since 3.9.2022.

Learned APP appearing for the State has opposed the prayer of bail and submitted that statement of the victim girl was got recorded under Section 164 Cr.P.C., wherein she has made direct allegation of rape against the petitioner and three others.

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