Patna High CourtCR. MISC./71342/2024bail rejected

Govinda Ram v. The State Of Bihar

2024-10-23Mr. Justice Jitendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71342 of 2024 Arising Out of PS. Case No.-453 Year-2023 Thana- UCHKAGAON District- Gopalganj ====================================================== Govinda Ram Son of Jawahir Ram village- Birdaban Chhavr, PS -Uchakagaon, Dist -Gopalganj ... ... Petitioner/s

Versus

The State of Bihar 2.

Meera Devi Wife of Arvind Manjhi village- Birdaban Chhavr, PS -Uchakagaon, Dist -Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md Danish Quamar, Adv.

For the State :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-10-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.

2. The petitioner apprehend his arrest in connection with Uchkagaon P.S. Case No. 453 of 2023 dated 15.11.2023, registered for the offence punishable under Section 366(A) of Indian Penal Code.

3. As per the allegation, as emerging from the statement of victim under Section 164 Cr. P.C., she was kidnapped by three persons including the petitioner and she has been subjected to gang-rape thereafter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.71342 of 2024(2) dt.23-10-2024 2/2 case. He further submits that the victim has left her house along with Suraj Ram, who is nephew of the petitioner, on her own sweet-will and there is no proof of any injury on the private part of the alleged victim.

5. It has also been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.

6. It is also stated in paragraph no. 2 of the petition that petitioner has never moved before this Hon'ble Court for grant of Anticipatory Bail or Regular Bail.

7. However, Ld. APP for the State vehemently opposes the prayer of the petitioner for anticipatory bail submitting that the victim is minor and her consent has no meaning under law and as per allegation, she is subjected to gang-rape which offence is serious in nature.

8. Considering the nature of allegation, this Court is not persuaded to enlarge the petitioner on anticipatory bail.

9. Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.

(Jitendra Kumar, J.) ravishankarramesh/- U T