Lavkush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85839 of 2024 Arising Out of PS. Case No.-363 Year-2024 Thana- BIKRAM District- Patna ====================================================== Lavkush Kumar S/O Raj Kishor Thakur @ Raj Keshwar Resident of village - Kurkuri Bhusura, P.S.- Paliganjl, District-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

R D/O Dharmendra Thakur R/O - 250/3 New Maloyachal, P.S.- Chandigarh, Dist.- Chandigrah, At Present- Trikol, P.S.- Sandesh, Dist.- Bhojpur, Aarh. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saurav Kumar Suman, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State. Perused the case diary. 2.

The petitioner seeks bail in connection with Special Case No. 234 of 2024 arising out of Bikram P.S. Case No. 363 of 2024 instituted for the offence under Sections 376(2)(N) of the Indian Penal Code.

3.

Prosecution case in short, is that petitioner has repeatedly committed rape upon the informant. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.09.2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.85839 of 2024(4) dt.27-02-2025 2/2 counsel that petitioner has been falsely implicated in the present case. The petitioner and victim of this case have married on their own will without any coercion and undue influence. Learned counsel for the petitioner submits that there was consensual relationship between the petitioner and the victim. Police after completion of investigation has submitted charge sheet in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Victim is minor and petitioner has committed rape upon her several times. Allegation against the petitioner is very serious in nature and he does not deserve the privilege of bail.

7.

Considering the aforesaid facts and circumstances of the case, nature and gravity of the offence and since, victim is minor, this Court, is not inclined to grant bail to the petitioner. Prayer for grant of bail, is accordingly, rejected. 8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T