Patna High CourtCR. MISC./3070/2024dismissed

Ashwini Kumar v. The State Of Bihar

2024-01-24Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3070 of 2024 Arising Out of PS. Case No.-71 Year-2023 Thana- PUNAURA District- Sitamarhi ====================================================== Ashwini Kumar S/o Sri Baldev Mahto R/o Village- Rampur Parori (East), P.S. Punarua, Distt- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is in custody since 27.03.2023 in connection with Punaura P.S. Case No. 71 of 2023 registered for the offence punishable under Sections 376/376(2)A,384 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is accused of committing rape upon the victim and extorting money from the petitioner on the threat of making the video of the rape viral.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He further submits that there is delay in lodging the F.I.R. It is also submitted that no occurrence as alleged has taken place. The petitioner has no criminal antecedents.

Patna High Court CR. MISC. No.3070 of 2024(2) dt.24-01-2024 2/2

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail. He submits that the petitioner has committed rape upon the victim and extorted money from the victim on the threat of making the video of the rape viral.

6. Considering the facts and circumstances of the case and also the allegations levelled against the petitioner, this application for grant of bail is dismissed.

7. The trial Court is directed to expedite the trial. (Sandeep Kumar, J) Saif/- U T