Dilip Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12059 of 2016 Arising Out of PS.Case No. -155 Year- 2015 Thana -KAMTAUL District- DARBHANGA ======================================================

1. Dilip Kumar Das, Son of Nathuni Das, resident of Village: Malpatti, P.S: Kamtaul, District: Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sameer Ranjan For the Opposite Party/s : Mr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. There is specific allegation of rape against the petitioner but submission on behalf of the petitioner is that the informant lodged this case on account of business rivalry and as a matter of fact, before institution of the present case, father of the petitioner had given written report to the concerned Sarpanch. It is further submitted that the medical report also does not support the story of rape. Statement of victim has been recorded under section 164 of the Cr.P.C in which she specifically stated that she was raped by the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to released the

Patna High Court Cr.Misc. No.12059 of 2016 (2) dt.17-03-2016 2/2 petitioner on bail and hence, his prayer for bail in connection with Kamtaul P.S.Case No. 155 of 2015, G.R.Case No. 46 of 2015, pending in the court of 1st Additional Sessions Judge-cum- Special Judge ( POSCO Act), Darbhanga stands rejected. (Hemant Kumar Srivastava, J) N.K/- U T