Patna High CourtCR. MISC./451/2024bail rejected

Akash Kumar v. The State Of Bihar

2024-03-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.451 of 2024 Arising Out of PS. Case No.-1031 Year-2022 Thana- BIHTA District- Patna ====================================================== AKASH KUMAR S/O SUDHIR KUMAR AARTI @ CHOTE LAL VILLAGE- MACHALPUR LAI, PS. BIHTA, DIST. PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Akash Kumar Mishra, Advocate For the State :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 376D, 379 and 34 of the Indian Penal Code.

3. As per prosecution case, there is allegation of commission of gang rape upon the informant by all the F.I.R. named accused persons, along with two to three unknown persons.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner has falsely been implicated in this case. It is next submitted that during course of investigation, none of the witnesses have supported the prosecution case. It is further submitted that the informant and

Patna High Court CR. MISC. No.451 of 2024(3) dt.21-03-2024 2/2 this petitioner are co-villagers and there is land dispute between their families and therefore, this false and concocted case has been lodged, with ulterior motive. It is further submitted that charge-sheet has already been submitted and the petitioner is in custody since 18.10.2022.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that the petitioner is named in the F.I.R. and the victim in her statement recorded under Section 164 Cr.P.C. has supported the prosecution case. It is further submitted that the petitioner has also got five criminal antecedents.

6. Considering the aforesaid facts and circumstances of the case and statement of the victim recorded under Section 164 Cr.P.C., prayer for grant of bail to the petitioner is rejected. (Prabhat Kumar Singh, J) shashank/- U T