Jabba Rajak @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68539 of 2023 Arising Out of PS. Case No.-178 Year-2023 Thana- RAJAON District- Banka ====================================================== JABBA RAJAK @ MANISH KUMAR Son of Budhan Rajak Resident of Village-Tekni, Police Station-Rajaun, District-Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is in custody since 17.04.2023 in connection with Rajaun P.S. Case No. 178/2023 registered for the offence punishable under Sections 458/380/376/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is a member of the gang who raided the house of the victim and it is alleged that one of the co-accused committed rape.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He further submits that the allegation of rape is not against this petitioner. He next submits that the petitioner has not been arrested arrested on the spot and no incriminating article has been recovered from

Patna High Court CR. MISC. No.68539 of 2023(2) dt.19-10-2023 2/2 the possession of the petitioner. The petitioner has no criminal antecedents.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and also the serious allegations levelled against the petitioner, I am not inclined to grant him bail. It is, accordingly, dismissed. (Sandeep Kumar, J) Saif/- U T