Md. Sahbaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12694 of 2021 Arising Out of PS. Case No.-85 Year-2020 Thana- BANMANKHI District- Purnia ====================================================== Md. Sahbaz Son Of Md. Abbas R/O Village- Birnagar, Purbi, P.S.-Bhargama, District-Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-08-2021 Heard the parties in virtual Court proceeding. The petitioner is languishing in custody for the offence punishable under Section 376 of the Indian Penal Code. The statement of the victim recorded under Section 164 Cr.P.C. would reveal that the petitioner forcefully ravished her.

Learned counsel for the petitioner submits that there is delay of six days in lodging the FIR. The doctor has not found any recent sign of sexual intercourse. For some other dispute an after thought allegation is there. The petitioner is in custody since 22.09.2020.

Since the victim cannot be disbelieved at this stage only for delay of six days in lodging the FIR and none support of the witnesses, I am not inclined to enlarge him on bail in

Patna High Court CR. MISC. No.12694 of 2021(3) dt.27-08-2021 2/2 connection with Banmankhi P.S. Case No.85 of 2020. Hence, prayer for bail is refused. The trial-court is directed to expedite the trial.

(Birendra Kumar, J) Mkr./- U T