Patna High CourtCR. MISC./19055/2017dismissed

Ram Bahadur Rai v. The State Of Bihar

2017-05-15Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19055 of 2017 Arising Out of PS.Case No. -293 Year- 2016 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ====================================================== Ram Bahadur Rai, Son of Late Buddu Rai, Resident of Village- Bejha Dih, P.S. Muffasil Samastipur, District- Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Prakash Singh, Advocate. For the Opposite Party/s : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Samastipur (Muffasil) P.S. Case No. 293 of 2016 (G.R. No. 14 of 2016) instituted for the offence under Section 376 of the Indian Penal Code. There is specific allegation against this petitioner of committing rape with the victim girl (informant) who is minor. The statement of victim girl has been recorded under Section 164 Cr. P.C. wherein she has supported the case of committing rape with her by this petitioner. The age of the victim has been assessed by the court below to be 12 years. The victim has been medically examined and the Medical Board has assessed her aged to be 1011 years. In such circumstances, looking into the nature of

Patna High Court Cr.Misc. No.19055 of 2017 (3) dt.15-05-2017 2/2 occurrence committed by this petitioner with the victim girl (informant) who is 10-11 years old, this Court is not inclined to grant bail to the petitioner at this stage.

Prayer for bail of the petitioner stands rejected. The trial court is directed to expedite the trial. Petitioner may renew his prayer for bail after six months in the court below if the trial is not concluded within aforesaid period. The court below will give reason if the trial is not concluded within aforesaid period.

(Sanjay Priya, J) S.Ali/- U T