Sunil Kumar Thathera v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72951 of 2024 Arising Out of PS. Case No.-257 Year-2024 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Sunil Kumar Thathera Son of Late Arvind Thathera Resident of village - Ramgarh, P.S.- Ramgarh, District - Kaimur at Bhabua. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Raju Kumar Son of Chhilu Ram Resident of village - Ramgarh, P.S.- Ramgarh, District - Kaimur at Bhabua.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP For the Informant :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary. None appears on behalf of the informant despite being informed by learned APP for the State.

2. The petitioner seeks bail in connection with Ramgarh P.S. Case No. 257 of 2024, instituted for the offences punishable under Sections 65(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the POCSO Act.

3. The prosecution case, in short, is that, the victim girls were standing near Ramgarh Police Station, in the meantime, three boys came in white coloured Magic vehicle and they forcefully made them sit in the said vehicle and took them

Patna High Court CR. MISC. No.72951 of 2024(6) dt.20-06-2025 2/3 in a hotel in Station Road, Mohania where the petitioner committed rape upon one out of three victim girls.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that there was love affair between the petitioner and one of the victim girls. It is further submitted that statement of the victim does not corroborate with the prosecution story. It is further submitted that the allegation levelled against the petitioner is general and omnibus in nature. The petitioner is in custody since 28.07.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that the victim is a minor girl and the petitioner has committed rape upon her. It is further submitted that the victim girl in her statement recorded under Section 161 of Cr.P.C. and Section 164 of Cr.P.C. has also corroborated the allegation levelled against the petitioner. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence,

Patna High Court CR. MISC. No.72951 of 2024(6) dt.20-06-2025 3/3 this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected. The trial Court is directed to expedite the Trial.

(Rudra Prakash Mishra, J) Rajorshi/- U T