Patna High CourtCR. MISC./2697/2020dismissed

Chandan Kumar Chaudhary v. The State Of Bihar

2020-03-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 2697 of 2020 Arising Out of PS. Case No.-44 Year-2019 Thana- MAHILA P.S. District- Banka ====================================================== CHANDAN KUMAR CHAUDHARY, Son of Shibu Chaudhary, Resident of Village - Kumarkhal, P.S.- Amarpur, Distt - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pancham Lal Jaiswal, Adv.

: Mr.Vibhakar Kumar, Adv.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 376/341/323/504/506/34 of the Indian Penal Code.

The prosecution case in brief is that the accused person entered into the house forcibly in drunken condition and he has committed rape with the informant on the point of pistol. He has also given threatening to kill her husband if she will drag in any case to the accused.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has been falsely implicated in this case. The petitioner is in custody

Patna High Court CR. MISC. No. 2697 of 2020(4) dt.20-03-2020 2/2 since 04.10.2019.

From perusal of record it appears that on the basis of written petition of one Savitri Devi, present case as Mahila P.S. Case No. 44/2019 under Sections 376, 341, 323, 504, 506/34 of the I.P.C. has been registered against the petitioner and others. Learned APP for the State submits that statement of victim was recorded u/s 164 Cr.P.C. he has supported the prosecution case in para 16 of the case diary.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Mahila P.S. Case No. 44/2019 pending before the Court of learned Chief Judicial Magistrate, Banka.

The application is dismissed accordingly.

(Anjani Kumar Sharan, J) amitkumar/- U T