Mintu Kumar @ Jintu Kumar vs The State Of Bihar on 29 June, 2021

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Patna High Court - Orders

Mintu Kumar @ Jintu Kumar vs The State Of Bihar on 29 June, 2021

Bench: Prabhat Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12327 of 2021
                     Arising Out of PS. Case No.-162 Year-2020 Thana- RAJIVNAGAR District- Patna
                 ======================================================
                 MINTU KUMAR @ JINTU KUMAR SON OF RANJEET KUMAR GUPTA
                 RESIDENT OF MOHALLA - MAURYA PATH, BESIDE SHYAMAL
                 HOSPITAL, MAGISTRATE COLONY, P.S. RAJIV NAGAR, DISTRICT-
                 PATNA

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Prashant Kumar
                 For the Opposite Party/s :      Mr.A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   29-06-2021

This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in Special Case no. 101 of 2020 arising out of Rajiv Nagar P.S. Case no. 162 of 2020 registered for the offence punishable under sections 376D, 341, 242, 366A of the Indian Penal Code and sections 4, 6 of the POCSO Act.

As per prosecution case, victim was returning after finishing work, this petitioner and two others stopped her and took her to a lonely place and they committed rape upon her.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. Victim in her 164 statement has not Patna High Court CR. MISC. No.12327 of 2021(2) dt.29-06-2021 2/2 named the petitioner. Till date TI parade has not been held to identify the accused persons. Petitioner has been made accused on the basis of confessional statement of co-accused Roshan Kumar. Petitioner is in custody since 01.06.2020.

However, learned counsel for the State vehemently opposed the prayer for bail and submitted that petitioner along with two other accused committed gang rape and the fact was supported by victim in her 164 statement.

Considering the aforesaid facts and circumstances and nature and gravity of the offence, prayer for bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) s.hassan/-

U       T

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Patna High Court - Orders