Moti Ram @ Ankit Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.47754 of 2014 (3) dt.10-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47754 of 2014 Arising Out of PS.Case No. -239 Year- 2014 Thana -HILSA District- NALANDA (BIHARSHARIFF) ====================================================== Moti Ram @ Ankit Kumar, Son of Late Ranjeet Ram @ Ranjeet Kumar, resident of Village-Banbara, P.S. Chiksaura, District- Nalanda. At present resident of Village- Chandkuda, P.S. Karai Parsurai, District- Nalanda. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Vibhuti Ranjan Sonvadra, Advocate. For the State : Mr. Ambika Bhagat, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 10-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been arrested in connection with Hilsa (Chiksaura) P.S. Case No. 239 of 2014, registered under Sections 452, 380 and 376/34 of the Indian Penal Code. There is direct allegation against the petitioner who has committed rape upon the victim. The victim in her statement recorded under Section 164 Cr.P.C. has also supported the prosecution case.

Learned counsel for the petitioner submits that there is nothing in the medical evidence. However, medical evidence shows there is no sign of recent rape and hymen old ruptured. Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is hereby rejected at this stage. m.p.

(Gopal Prasad, J) U T