IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60382 of 2022

Arising Out of PS. Case No.-163 Year-2021 Thana- AMNAUR District- Saran

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1.

Lal Babu Ram Son of Asharfi Ram R/o Village - Gosi Amnaur, P.S. -

Amnaur, District - Saran

2.

Sarvjeet Ram Son of Bijali Ram R/o Village - Gosi Amnaur, P.S. - Amnaur,

District - Saran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Anjani Parashar, Advocate

For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL ORDER

3

25-01-2023

Heard learned counsels for the petitioners and learned

APP for the State.

Let the defect (s), if any, as pointed out by the office,

be removed within a period of four weeks.

This is second attempt of the petitioners to seek bail in

connection with Amnour P.S. Case No. 163 of 2021, registered

for the alleged offences under Sections 376, 120(B), 201 and 34

of the Indian Penal Code and Sections 67 and 67(A) of the

Information Technology Act, 2000, as earlier the prayer for bail

of the petitioners was rejected vide order dated 27.06.2022

passed in Criminal Misc. No. 55989 of 2021 along with

Criminal Misc. No. 58697 of 2021 by this Court. While

Patna High Court CR. MISC. No.60382 of 2022(3) dt.25-01-2023

2/4

rejecting the prayer for bail of the petitioners, they were granted

liberty to renew their prayer for bail, if the trial was not

concluded within three months.

On the last date of hearing, a report was called for

from the learned trial court, which has been received, wherein it

is submitted that out of 10 charge-sheet named witnesses, 09

witnesses have been examined. This report is of dated

12.01.2023.

As per prosecution case, the allegation against the

petitioner is that while the co-accused committed rape upon the

victim lady, the petitioners recorded the same on their mobile

phones and made that video viral.

Learned counsel for the petitioners submits that the

victim lady is not the informant of the case and the case was

registered by the police personnel. The allegation of committing

rape is not against the petitioners and the evidence of the victim

lady and her brother-in-law has been recorded in the learned

court below wherein she has denied the occurrence and did not

identify any of the accused persons. Similarly, the brother-in-

law of the victim lady has also not supported the prosecution

case. It has further been submitted that even after the direction

of this Court while rejecting the earlier prayer for bail of the

Patna High Court CR. MISC. No.60382 of 2022(3) dt.25-01-2023

3/4

petitioner, the trial is not concluded till date and the petitioners

were at liberty to renew their prayer for bail if the trial is not

concluded within three months. The petitioners are in custody

since 08.07.2021 and no useful purpose would be served in

keeping the petitioners in custody as the trial would ultimately

result in acquittal since the victim and the witness have not

supported the prosecution story.

Learned APP for the State oppose the prayer for bail

submitting that the victim and her brother-in-law supported the

prosecution case before the police as well as in statement

recorded under Section 164 of Cr.P.C.

Having regard to the facts and circumstances and

submission made on behalf of the parties and considering the

fact that despite passage of more than six months, trial has not

been concluded, the petitioners above named are directed to be

released on bail on furnishing bail bond of Rs. 20,000/- (twenty

thousand) each with two sureties of the like amount each to the

satisfaction of learned Additional District & Sessions Judge- 1^st

Saran at Chapra, in connection with in connection with Amnour

P.S. Ca