Patna High CourtCR. MISC./69534/2023bail rejected

Ram Sagar Kumar v. The State Of Bihar

2023-11-01Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69534 of 2023 Arising Out of PS. Case No.-673 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Ram Sagar Kumar Son Of Rameshwar Ram Resident Of Village - Mathurapur, Ps- Turkauliya, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhurendra Kumar, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Turkauliya P.S. Case No.673 of 2022, lodged on 12.07.2022, under Sections 363/366/376/504/506/34 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against nine named accused persons. The FIR is the result of complaint case subsequently converted into FIR under Section 156(3) Cr.P.C.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that from the content of the FIR it is clear that the date

Patna High Court CR. MISC. No.69534 of 2023(2) dt.01-11-2023 2/2 of occurrence is 09.05.2022 whereas case has been lodged on 12.07.2022. There is delay in filing the FIR. Even complaint was also filed about delay of one and half month. Counsel submits that all the allegations are false and concocted. He submits that antecedent of the petitioner is clean. The petitioner is in custody since 21.06.2023.

5. Learned counsel for the State and informant vehemently oppose the prayer for bail and submit that in the rejection order statement of the victim under Section 164 Cr.P.C. has been recorded and in her statement she has specifically made allegation against the present petitioner and age of the victim was 16 years.

6. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected. However, the petitioner would be at liberty to renew the prayer for bail six months after framing of the charge. (Dr. Anshuman, J) Mkr./- U T