Kapil Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42202 of 2014 Arising Out of PS.Case No. -32 Year- 2014 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ======================================================

1. Kapil Rajbanshi Son of Late Prakash Rajbanshi Resident of Village - Dhamar, P.S. Rajgir, District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Ashok Kr.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-02-2015 Heard both sides.

The petitioner seeks bail in Rajgir P.S. Case No. 32 of 2014 registered under sections 363/366(A) of the Indian Penal Code.

The petitioner is alleged to have kidnapped the victim. The victim also made her statement under section 164 Cr.,P.C. and she disclosed that the petitioner committed rape with her.

Learned counsel for the petitioner submits that the victim is not a minor girl and the doctor has not found any sign of rape. On perusal of the record it appears that the doctor found that the victim was habitual to intercourse. The victim was 16-17

Patna High Court Cr.Misc. No.42202 of 2014 (3) dt.12-02-2015 2/2 years of age. The victim has made very specific allegation that petitioner during her captivity committed rape. Considering the aforesaid facts, I am not inclined to grant bail to the petitioner. The same is rejected. The petitioner may renew his prayer for bail after nine months if the trial is not concluded.

(Prabhat Kumar Jha, J) M.Rahman/- U T