Chaman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15997 of 2021 Arising Out of PS. Case No.-223 Year-2020 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== CHAMAN S/O SHABBIR SHEIKH R/o village- Shisho Paschim, P.S.- Mabbi, Distt.- Darbhanga ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-09-2021 Heard the parties in virtual Court proceeding. The petitioner is languishing in custody for the offences punishable under Sections 376, 120(B) of the I.P.C. Allegation against the petitioner is that he ravished to the informant, a married lady aged about 25 years. Some other witnesses had also seen the petitioner committing rape. Submission is that medical evidence does not corroborate the allegation. In fact, it was a case of consensual relationship. Petitioner has got no criminal antecedent. He is in custody since 31.05.2020.

The victim cannot be disbelieved at this stage. Hence, considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Prayer for bail is refused in connection

Patna High Court CR. MISC. No.15997 of 2021(3) dt.23-09-2021 2/2 with Sadar (Mabbi OP) P.S. Case No. 223 of 2020 pending in the court of learned Chief Judicial Magistrate, Darbhanga. The learned trial court is directed to expedite the trial. (Birendra Kumar, J) shahzad/- U T