Rudra Pratap Singh @ Shivam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70693 of 2023 Arising Out of PS. Case No.-143 Year-2023 Thana- PANCHRUKHI District- Siwan ====================================================== Rudra Pratap Singh @ Shivam Singh, S/O Mithlesh Singh Village- Allapur, P.S.. Panchrukhi, Dist. Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arbind Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Panchrukhi P.S. Case No. 143 of 2023, lodged on 07.06.2023 under Sections 452, 341, 376 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against the sole petitioner against whom the allegation of rape is there.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has committed no offence. He also submits that antecedent of the petitioner is clean and

Patna High Court CR. MISC. No.70693 of 2023(2) dt.09-11-2023 2/3 he is custody since 07.08.2023. Counsel further submits that from the contents of the FIR, it transpires that the age of the informant is 35 years whereas the age of the petitioner is 20 years. He also submits that educational background of the petitioner is very good and he is a student of Akhil Bhartiya Prakritik Chikitsa Parishad.

5. Learned counsel for the petitioner submits that there was dispute between the families of the informant and petitioner and only due to this reason this case has been transplanted against the innocent petitioner.

6. Learned APP for the State vehemently opposes the prayer for bail of the petitioner and submits that in the rejection order, the statement under section 164 Cr.P.C. has come and in that statement, the allegation of rape has been fully supported by the victim.

7. In the present facts and circumstances and upon perusal of the observation in the rejection order, this Court is not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Panchrukhi P.S. Case No. 143 of 2023, pending before the learned J.M. 1st Class, Siwan is hereby rejected.

Patna High Court CR. MISC. No.70693 of 2023(2) dt.09-11-2023 3/3

9. However, the petitioner shall move for regular bail one year after framing of charge when the Trial Court shall release him on bail imposing its own conditions so that he may not evade his appearance during trial. (Dr. Anshuman, J.) Divyansh/- U T