IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79728 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- BALIA BELON District- Katihar ====================================================== Bittu Singh S/ Sambhu Singh @ Shambhu Singh Resident of Village- Basandah, P. S- Balia Belon, District- Katihar ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr.Rajendra Prasad Sah, Advocate For the Opposite Party : Mr.Pawan Kumar Chaurasia, A.P.P. Mr. Shivendra Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 24-01-2025 Heard learned counsel for the petitioner, informant and learned A.P.P. for the State. 2. Petitioner seeks regular bail in a case registered for the offence punishable under Section 376 of the Indian Penal Code. 3. As per prosecution case, on 15.02.2024 at about 4 PM, when the children of informant were away from the house, this petitioner came to the house and offered her intoxicated samosa. Thereafter, he established physical relation with informant after making her unconscious. Victim in her statement, recorded under Section 164 of the Cr.P.C., has supported the prosecution case and has categorically stated that this petitioner committed rape with her. 4. Learned counsel for the petitioner submits that there is discrepancy in the version of the informant made in the FIR and her statement u/s 164 Cr.P.C. Petitioner and informant are dewar and bhabhi. Petitioner has for children and is nicely keeping his family, as such, allegation appears to be improbable. Petitioner claims clean antecedent and he is in custody since 1.10.2024. Patna High Court CR. MISC. No.79728 of 2024(2) dt.24-01-2025 2/2 5. Learned counsel for the State as well as the informant oppose the prayer for bail. 6. Considering the nature of accusation and statement of the victim recorded under Section 164 Cr.P.C., prayer for bail of the petitioner is refused. Shashi (Prabhat Kumar Singh, J) U T