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2025 DAILYLAW 18874 (PAT)

Rakesh Kumar v. The State of Bihar

CR. MISC./13770/2025 · 2025-07-31

Chandra Shekhar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13770 of 2025 Arising Out of PS. Case No.-253 Year-2024 Thana- SHEOHAR District- Sheohar ====================================================== Rakesh Kumar, Son of Ram Babu Sah, resident of Village-Sundarpur Kharauna, P.S. -Sheohar, District -Sheohar ... ... Petitioner Versus 1. The State of Bihar 2. Pawan Kumar Roy, son of Late Hitlal Roy, resident of Village-Sundarpur Kharauna, Ward No. 21, P.S. -Sheohar, District -Sheohar ... ... Opposite Parties ====================================================== Appearance : For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate For the State : Mr. Anil Kumar Singh No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 6 31-07-2025 Both parties appeared in person. 2. The petitioner is on provisional bail in terms of order dated 09.05.2025 of this Court. 3. It appears that petitioner remained in custody for about eight months i.e. from 24.10.2024 to 09.05.2025 before granting of the provisional bail. As informed, the matter is still pending for examination of prosecution witnesses. 4. Considering the statement of the victim as recorded under Section 183 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘B.N.S.S.’), where the victim completely denied the allegation of rape/penetrative sexual Patna High Court CR. MISC. No.13770 of 2025(6) dt.31-07-2025 2/2 assault and kidnapping against the petitioner, let the provisional bail as granted to the petitioner vide order dated 09.05.2025 by learned co-ordinate Bench of this Court be hereby confirmed with same bailor and bonds. With aforesaid, the present petition stands disposed off. Sanjeet/- (Chandra Shekhar Jha, J.) U T