Krishna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34695 of 2014 Arising Out of PS.Case No. -308 Year- 2013 Thana -KARAHGAR District- SASARAM (ROHTAS) ====================================================== Deepak Kumar @ Dipak Singh @ Dipak Kumar Singh, Son of Sri Surendra Singh, Resident of Village - Kharej, Police Station - Kargahar, District - Rohtas.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.51881 of 2014 Arising Out of PS.Case No. -308 Year- 2013 Thana -KARAHGAR District- SASARAM (ROHTAS) ====================================================== Krishna Singh, Son of Lallu Singh, Resident of village - Siswar, Police Station - Kudra, District - Kaimur ( Bhabua ) .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

(In Cr.Misc. No.34695 of 2014) For the Petitioner : Mr. Jay Prakash Singh, Advocate.

For the Opposite Party : Mr. Ambika Bhagat(App) (In Cr.Misc. No.51881 of 2014) For the Petitioner : Mr. Prabhakar Jha, Advocate.

For the Opposite Party : Mr. Ambika Bhagat (Spl.PP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-04-2015 Since both the cases have arisen out of one occurrence, they are being disposed of by this common order. Heard learned counsel for the petitioners, learned Counsel for the informant as well as learned counsel the State. The petitioners seek bail in Kargahar P.S. Case No. 308 of 2013, corresponding to Sessions Trial No. 229 of 2014,

Patna High Court Cr.Misc. No.34695 of 2014 (4) dt.20-04-2015 2/2 registered for the offences punishable under Section 376(G) and other Sections of the Indian Penal Code and Sections 3(i)(x) of the SC/ST Act.

The victim made allegation that while she was all alone in her house, the petitioner and others raped with her. Learned counsel for the petitioners submits that the occurrence is said to have taken place on 08.11.2013, but the FIR was lodged on 10.11.2013. The place of occurrence is surrounded by many houses but nobody was examined. The doctor did not find any injury on the person of the victim.

Considering the nature of allegation that the victim made herself very specific allegation against the petitioners that they all gang raped her, I am not inclined to enlarge the petitioners above named on bail. Accordingly, the same is rejected. The trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt/production of a copy of this order.

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