Sadam Devan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75946 of 2023 Arising Out of PS. Case No.-224 Year-2023 Thana- ADAPUR District- East Champaran ====================================================== SADAM DEVAN S/o- Manjar Devan @ Mangar Dewan Resident of Village - Tarwa Tola, Kachurwari, P.S.- harpur/ Adapur, District - East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar, Adv.

For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Adapur (Harpur) P.S. Case No.224 of 2023, registered for the offence punishable u/s 342, 376, 34 IPC and 67 of IT Act. 3.

Allegedly, the petitioner and other co-accused persons entered into the house of the victim and committed rape upon her and co-accused made a video of it and made viral the video. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged has ever taken place. It is submitted that there is a delay of 14 days in lodging the F.I.R. and no explanation for the delay has been

Patna High Court CR. MISC. No.75946 of 2023(2) dt.05-12-2023 2/2 given, which itself creates doubt about the prosecution case. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation against the petitioner and the victim has supported the prosecution case in her statement recorded u/s 164 Cr.P.C.

6.

Considering the aforesaid facts and circumstances, since the victim has supported the prosecution case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.

This application is accordingly dismissed.

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