Dharmendra Mahto @ Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80526 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- SAHODARA District- West Champaran ====================================================== Dharmendra Mahto @ Dharmendra Kumar, Son of Deonath Mahto @ Deonath Mukhiya, Village- Balua P.S.- Gaunaha, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Adv.

For the State :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sahodara P.S. Case No. 30 of 2023 registered for the offence punishable under Section 376(D) of the Indian Penal Code.

3. As per prosecution case, the petitioner is accused of participating in a gang rape.

4. It has been submitted by learned counsel for the petitioner that the victim girl is going to get married to the petitioner provided he is granted bail.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, this Court will not grant bail to the petitioner for

Patna High Court CR. MISC. No.80526 of 2023(3) dt.05-03-2024 2/2 getting married.

7. In the aforesaid circumstances, this application stands dismissed.

8. If the petitioner files an appropriate application in the Court below, which is supported by the victim girl in person, then the Court below may grant provisional bail to the petitioner for marriage.

(Sandeep Kumar, J) Arish/- U T