Md. Wazir Mansoori @ Wazir Mansoori v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8107 of 2018 Arising Out of PS. Case No.-51 Year-2017 Thana- DARPA District- East Champaran ====================================================== Md. Wazir Mansoori @ Wazir Mansoori Son of late Alisher Mansoori @ Ojir Miyan Resident of Village-Prainiya, P.S.-Darpa Dist-East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Darpa P.S. Case No. 51 of 2017 registered under Section 376 of the Indian Penal Code.
The petitioner is said to have committed rape against the informant in her house.
It is submitted by learned counsel for the petitioner that no occurrence as alleged ever took place. He has been falsely implicated in the case at the instance of Sohrab Miya, Ex-Member of the Panchayat Samiti as he had campaigned against him in the election. Doctor has not found any injury on the person of the victim. He has been languishing
Patna High Court Cr.Misc. No.8107 of 2018(4) dt.16-03-2018 2/2 in custody since 18.06.2017.
On the other hand, learned APP opposed the bail prayer of the petitioner and submitted that the victim in her statement recorded under Section 164 Cr.P.C. has supported the occurrence of rape against her at the hand of the petitioner and witnesses have also supported the prosecution case. In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer is rejected.
However, learned lower court is directed to dispose of the case, as expeditiously as possible, preferably within nine months, from the date of commitment of the Case. (Prakash Chandra Jaiswal, J) rohit/- U T