Ful Babu Rai @ Bhola Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.957 of 2023 Arising Out of PS. Case No.-65 Year-2022 Thana- MAHILA P.S. District- Samastipur ====================================================== Ful Babu Rai @ Bhola Rai Son Of Chandeshwar Rai @ Chanda Rai R/O Village- Nirpur, P.S.- Samastipur Muffasil, District- Samastipur ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Resham Devi Wife Of Lal Babu Pandit R/O Village- Nirpur, P.S.- Samastipur Muffasil, District- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surya Narayan Roy, Advocate For the State :

Mr.Yogendra Kumar, Addl Public Prosecutor for opposite party no.2 Mr. Nachiketa Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner, the State and opposite party no.2.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 376D, 366A,342, 504, 506/34 of the Indian Penal Code and section 4 of the POCSO Act.

It is a case of gang rape.

Learned counsel appearing for the petitioner submits that due to land dispute and political rivalry petitioner has falsely been implicated in this case. There is delay of 20 days in lodging of the FIR and there is no explanation of delay. Petitioner claims clean antecedent.

Learned counsel for the State and opposite party no.2

Patna High Court CR. MISC. No.957 of 2023(2) dt.08-05-2023 2/2 oppose the prayer for bail. He submits that the petitioner is named in the FIR with specific allegation that this petitioner and co-accused Mithu Mahto committed rape upon the minor daughter of the informant and thereafter confined her in the house.

Considering the nature and gravity of allegation, prayer for bail of the petitioner is rejected. (Prabhat Kumar Singh, J) shashi/- U T