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Patna High CourtCR. MISC./1946/2015rejected

Birendra Purvey v. The State Of Bihar

2015-03-04Mr. Justice Gopal Prasad1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1946 of 2015 Arising Out of PS.Case No. -61 Year- 2014 Thana -JAYNAGAR District- MADHUBANI ====================================================== Birendra Purvey Son of Late Rajendra Purvey Resident of Jainagar Basti, P.S. Jainagar, District - Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar Singh For the Opposite Party/s : Mr. Indu Kumari Srivastav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. This is an application for regular bail for the offence under Sections 376 and 324 of the I.P.C.

There is specific allegation of rape on the informant by the petitioner.Medical report does not inspire any positive evidence of rape. In the report it has been mentioned that we cannot conclude as to whether sexual intercourse was done or not. Hence, I am not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail is rejected. (Gopal Prasad, J) AnilKrSinha/- U T