Dharmendra Pd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15790 of 2016 Arising Out of PS.Case No. -312 Year- 2015 Thana -BARHARIA District- SIWAN ======================================================

1. Dharmendra Pd. Son of Chandrama Pd. Resident of Village - Tinbheria Kala, P.S.- Barharia, District - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Pravesh Nath Tiwari For the Opposite Party/s : Mr. Sharda Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-363(A), 364 and 120(B) of the Indian Penal Code. Taking into consideration that in her statement, recorded u/S 164 of the Cr.P.C., the victim, specifically, stated that the petitioner and some others, forcibly, took her and while she was being taken to Gorakhpur, she was raped by them in toilet of the train, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Barhariya P.S. Case No. 312 of 2015 pending in the court of learned Chief Judicial Magistrate, Siwan stands rejected.

(Hemant Kumar Srivastava, J) A.K.V./- U T