Patna High CourtCR. MISC./51155/2016dismissed

Amarjit Kumar @ Atish Kumar v. The State Of Bihar

2016-12-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51155 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -MAHILA PS District- JEHANABAD ======================================================

1. Amarjit Kumar @ Atish Kumar, Son of Ravindra Mahto, Resident of village - Kapoordihra, P.S. Tarari, District - Bhojpur .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ramchandra Singh For the Opposite Party/s : Mr. Jagdhar Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 376, 120(B) and 201/34 of the Indian Penal Code. The allegation against the petitioner is of committing rape upon the victim.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.07.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The medical examination report of the victim do not support the allegations made in the

Patna High Court Cr.Misc. No.51155 of 2016 (3) dt.20-12-2016 2/2 F.I.R.

On behalf of the state, it has been submitted that the petitioner is named in the F.I.R. The victim girl was examined under Section 164 of the Cr.P.C., where she has supported the allegations made in the F.I.R.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in Arwal Mahila P.S. Case No. 03 of 2016, G.R. No. 391 of 2016, pending in the court of learned S.D.J.M., Arwal. Anyhow, the court below is directed to take all necessary steps to expedite the trial.

(Sudhir Singh, J.) Amit/- U T