Md. Rahul @ Rahul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41528 of 2017 Arising Out of PS.Case No. -156 Year- 2016 Thana -KASBA District- PURNIA ====================================================== Md. Rahul @ Rahul, son of Samsul Haque, resident of Village- Lakhna Tola Balsar P.S. Kasba, District- Purnea.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-09-2017 Heard learned counsel for the petitioner.
This is an application for bail in connection with Kasba P.S. Case No. 156 of 2016 giving rise to Special Case No. 83 of 2016, registered for the offences punishable under Sections 376, 323 of the Indian Penal Code and 4 of POCSO Act. Allegation against the petitioner is of committing rape upon the informant.
Submission of learned counsel for the petitioner is that the allegation does not find support from medical report and there is delay of more than one month in lodging FIR and he is in custody since 3.8.2017.
Heard learned APP also, who has opposed the prayer for bail on the ground that there is direct allegation against the
Patna High Court Cr.Misc. No.41528 of 2017 (2) dt.08-09-2017 2/2 petitioner..
Having heard both sides and in view of allegation, I am not inclined to grant bail to the petitioner. However, learned trial court is directed to expedite the trial.
With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U