Govind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44724 of 2017 Arising Out of PS.Case No. -492 Year- 2017 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ======================================================
1. Govind Kumar Son of Krishna Singh Yadav, R/o Village- Dahaur, P.S.- Dehri (Town), District- Rohtas at Sasram.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2017 Heard the parties.
This application is for grant of regular bail in connection with Dehri (Town) P.S.Case No.492 of 2017 for the offences punishable under Section 376 of the Indian Penal Code. Allegation against the petitioner is of committing rape upon the prosecutrix.
Submission of the learned counsel for the petitioner is that as a matter of fact the petitioner is husband of the prosecutrix and there is dispute between them, as a result, a concocted case has been lodged against the petitioner. It has also been submitted that there is contradiction between the submission of the prosecutrix before the police and before the court in her statement recorded under Section 164 Cr.P.C. It is further
Patna High Court Cr.Misc. No.44724 of 2017 (3) dt.06-11-2017 2/2 submitted that now they have settled the dispute outside the court and the petitioner is in custody for about four months. Heard learned A.P.P. also, who has opposed the prayer for bail.
Having heard both sides and in view of fact that there is allegation of commission of rape against the petitioner, which has been supported by the prosecutrix in her statement recorded under Section 164 Cr.P.C., I am not inclined to grant bail to the petitioner, however, the learned trial court is directed to expedite the trial as soon as possible preferably within a period of six months.
With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T