Patna High CourtCR. MISC./9561/2015dismissed

Rudal Yadav v. The State Of Bihar

2015-04-24Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9561 of 2015 Arising Out of PS.Case No. -211 Year- 2014 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Rudal Yadav S/o Late Anil Yadav R/o Village Awas Board, Khagaria, P.S. + District Khagaria, at present C/o Ramvilas Yadav, R/o Village Jafarnagar, P.S. Muffassil, District Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Sinha For the Opposite Party/s : Mr. Surendra Pd.Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-04-2015 Heard both sides.

Petitioner seeks bail in Mufassil P.S.Case No.211 of 2014 registered under Sections 376 of the IPC. The victim has made specific allegation that when she had gone to ease out, the petitioner committed rape with her. The victim stated this fact to her husband. The petitioner was apprehended and handed over to the police.

It is submitted that the victim is aged about 45 years whereas the petitioner is a young boy and so, it is not possible for the petitioner to commit rape with the victim. It has come during the course of investigation that the victim had intimate relation with the petitioner and both of them were found in a compromising position and the villagers saw them in a compromising position.

Having considered the aforesaid fact that the petitioner committed rape with the victim, I am not inclined to enlarge the petitioner on bail and accordingly, the same is rejected.

Patna High Court Cr.Misc. No.9561 of 2015 (5) dt.24-04-2015 2/2 The trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt or production of a copy of this order. If the trial is not concluded within the stipulated period, the petitioner may renew his prayer for bail.

(Prabhat Kumar Jha, J) ahk/- U T