Patna High CourtCR. MISC./21620/2021bail rejected

Moti Patel v. The State Of Bihar

2021-09-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21620 of 2021 Arising Out of PS. Case No.-43 Year-2020 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== MOTI PATEL Son of Ram Dayal Patel Resident of Village - Keshari, P.S. - Rohania, District - Varanasi (Uttar Pradesh). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kali Prasanna Dubey For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-09-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in Bhabua (Mahila) P.S. Case no. 43/2020 registered for the offence punishable under section 376 of the Indian Penal Code. As per prosecution case, this petitioner is alleged to have committed rape on the informant while taking the informant to Gaya from Banaras on his auto.

It is submitted on behalf of the petitioner that petitioner has been falsely implicated in this case. In fact, his auto was stolen by one auto driver and he was apprehended at Mohania police station but unfortunately, police implicated this petitioner in this false case. From perusal of the FIR, it appears that the victim is married lady and she came from Uttar Pradesh and on the date of occurrence, she reached Bhabua where she

Patna High Court CR. MISC. No.21620 of 2021(5) dt.28-09-2021 2/2 met an auto driver and thereafter, it is alleged that said driver established physical relation with the informant. Medical report does not support the prosecution case and the doctor found the age of the victim between 17 to 19 years. Doctor opined that no recent sexual intercourse has been committed but sexual intercourse cannot be ruled out.

However, learned counsel for the State opposed the prayer for bail and submitted that victim girl in her 164 statement has supported the prosecution case. Doctor's report also does not rule out the possibility of sexual assault. Considering the rival submissions and nature of allegation and gravity of the offence, this bail application is rejected.

(Prabhat Kumar Singh, J) s.hassan/- U T