Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73667 of 2024 Arising Out of PS. Case No.-290 Year-2023 Thana- PAHARPUR District- East Champaran ====================================================== Rajesh Kumar S/o- Kedar Sah Village-Dabriya ,P.S- Nautan ,District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2025 Heard Mr. Vijay Shankar Shrivastava, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with Paharpur P.S. Case No.290 of 2023, registered for the offence punishable u/s 343, 363, 376, 506/34 of the IPC.

3.

As per the prosecution case, the petitioner and other coaccused persons are said to sexually assaulted the daughter of the informant.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case. There is general and omnibus allegation against the petitioner. It is further submitted that final form has been

Patna High Court CR. MISC. No.73667 of 2024(4) dt.24-02-2025 2/2 submitted against all the accused persons except the petitioner, as he was in custody. The petitioner has no criminal antecedent and has been rotting in judicial custody since 01.08.2024. 5.

Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation against the petitioner to sexually assault the victim. The statement of the victim was recorded u/s 164 of Cr.PC and she has supported the prosecution case.

6.

Considering the facts and circumstances of this case as well as considering the nature of offence, I am not inclined to grant bail to the petitioner. The prayer for grant of bail on his behalf is hereby rejected.

7.

Accordingly, this application is dismissed.

8.

However, petitioner is at liberty to renew his prayer for bail after examination of the victim.

(Anjani Kumar Sharan, J) shikha/- U T