Patna High CourtCR. MISC./15040/2023rejected

Ramjan Ali @ Md. Ramjaan @ Ramzaan Ali v. The State Of Bihar

2023-05-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15040 of 2023 Arising Out of PS. Case No.-316 Year-2021 Thana- PATLIPUTRA District- Patna ====================================================== Ramjan Ali @ Md. Ramjaan @ Ramzaan Ali Son Of Late Md. Nasim R/O Naya Tola, Phulwarisarif, P.S.- Phulwarisarif, Dist- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Mohammad Minnatullah For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 376(D) of the Indian Penal Code and Section 4 of the POCSO Act As per FIR, the informant/victim alleged that the petitioner and his associate after consuming wine committed rape with her.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 08.07.2021.

Patna High Court CR. MISC. No.15040 of 2023(3) dt.16-05-2023 2/2 Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that as per statement of the victim recorded under Section 164 of the Cr.P.C., which is annexed with case diary, wherein informant/victim stated that the petitioner and his associate committed rape with her and threatened her that her whole family members will be murdered, if she would reveal about this alleged occurrence.

Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner of committing rape with the informant/victim, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Manishkumar/- U T