Patna High CourtCR. MISC./1579/2024bail rejected

Sujeet Rajak v. The State Of Bihar

2024-04-26Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1579 of 2024 Arising Out of PS. Case No.-224 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Sujeet Rajak Son of Late Sunil Rajak Resident of Village- Nagdah Ward no.- 10, P.S.- Muffasil (Singhaul), District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Bhusan Poddar, Adv.

For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Muffasil (Singhaul) P.S. Case No. 224 of 2023, lodged on 17.04.2023 under Sections 376, 34 of the Indian Penal Code read with section 67 of the IT Act.

3. As per the prosecution case, the FIR has been lodged against 2 named accused persons including the present petitioner. The allegation against the present petitioner is that he has committed rape with the informant and recorded the entire event.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.1579 of 2024(3) dt.26-04-2024 2/3 petitioner is innocent and has committed no offence. Counsel also submits that in the entire FIR, the date of occurrence has not been mentioned and the FIR has been lodged after about more than one month. Counsel further submits that both the informant and the petitioner are resident of same village and are adjacent neighbours and due to water, the dispute is going on between them and it is due to this reason, the present case has been filed. Counsel also submits that with the intervention of the well wishers, a compromise has been attached which is Annexure-2 of the bail application.

5. Learned counsel for the petitioner submits that the criminal antecedent of the petitioner is clean and he is in custody since 19.04.2023.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is a specific allegation against the present petitioner that he has committed rape with the informant. Counsel further submits that upon perusal of the statement under section 164 Cr.P.C., the victim has fully supported the allegations made in the FIR.

7. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the

Patna High Court CR. MISC. No.1579 of 2024(3) dt.26-04-2024 3/3 petitioner in connection with Muffasil (Singhaul) P.S. Case No. 224 of 2023, pending before the learned Judicial Magistrate 1st Class, Begusarai is hereby rejected.

(Dr. Anshuman, J.) Divyansh/- U T