Patna High CourtCR. MISC./51902/2017dismissed

Om Singh v. The State Of Bihar

2017-11-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51902 of 2017 Arising Out of PS.Case No. -53 Year- 2017 Thana -SAKRI District- MADHUBANI ====================================================== Om Singh, S/o Ashok Singh, R/o Village- Narpati Nagar, P.S.- Sakari, District- Madhubani.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Kishore Singh For the Opposite Party/s : Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sakari P.S.Case No. 53 of 2017, G.R.No. 42 of 2017, registered for the offences punishable under Sections 342, 376, 506 of the Indian Penal Code and 4/6 of POCSO Act.

Allegation against the petitioner is of committing rape upon the informant.

Submission of learned counsel for the petitioner is that falsity of prosecution case will appear from the fact that in her statement under Section 164 Cr.P.C. she has not only made allegation against him but also against his father that they have kidnapped her and thereafter petitioner has committed rape upon her. It is also submitted that medical report does not support the

Patna High Court Cr.Misc. No.51902 of 2017 (3) dt.16-11-2017 2/2 prosecution case and, as a matter of fact, father of petitioner is running a grocery shop and there was some dues with the informant and when father of petitioner demanded money she has filed the false and concocted case against him and he is in custody since 15.6.2017.

Heard learned APP also, who has opposed the prayer for bail.

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 and try to conclude it within a period of seven months. If trial is not concluded within the said period, petitioner may renew his prayer for bail before the court below, which shall be considered on the basis of materials available on record at that time. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U