Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11656 of 2019 Arising Out of PS. Case No.-28 Year-2018 Thana- MAHILA P.S. District- Lakhisarai ====================================================== Vijay Kumar Son of Late Jaswant Singh Resident of Village-Ward No.8, Choukra, P.S. Piri Bazar, District-Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh, Adv For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP For the Informant : Mr.Chandra Shekhar Sharma, Adv : Mr.Dhirendra Nath, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 376,342,504,506/34 of the Indian Penal Code and 66A(E) and 67(A) of the Information Technology Act, 2000.

According to FIR, the petitioner allegedly ravished to the informant by inducing her to go to his house on the pretext of allowing benefits of Indra Awas, as mother of the petitioner was a Ward Member.

Submission is that the occurrence allegedly took place on 02.08.2018 and the matter was reported to the police on 04.10.2018 after two months. Further submission is

Patna High Court CR. MISC. No.11656 of 2019(3) dt.06-05-2019 2/2 that the medical evidence does not corroborate the allegation. The FIR itself reveals that the victim is already married. In the circumstance, she must be in dilemma to disclose the occurrence to the public which might have troubled her matrimonial life. Moreover, for non-corroboration of her allegation by the medical report would not make her statement unbelievable at this stage. Hence, I am not inclined to enlarge the petitioner on bail in connection with Lakhisarai Mahila P.S. Case No.28 of 2018 pending in the court of learned S.D.J.M., Lakhisarai. Prayer is refused.

Petitioner is in custody since 22.11.2018, hence, the learned Trial Court is directed to expedite the trial and conclude the same within one year from today. (Birendra Kumar, J) Nitesh/- U T