Patna High CourtCR. MISC./33554/2015dismissed

Rajendra Ravidas v. State Of Bihar And ANR

2015-10-15Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33554 of 2015 Arising Out of PS.Case No. -19 Year- 2015 Thana -MAHILA PS District- JAMUI ======================================================

1. Rajendra Ravidas S/O Late Puna Ravidas, R/v- Jhundo, P.S.- Khaira, DIstrict- Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Budhani Devi W/o Shambhu Ravidas, R/v- Jhundo, P.S.- Khaira, DIstrict- Jamui.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Sunil Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-10-2015 Heard the learned counsel for the petitioner, the learned counsel for the informant and the learned Additional Public Prosecutor.

The petitioner apprehends his arrest in a case under Section 376 of the Indian Penal Code.

The victim made very specific allegation that the petitioner committed rape with her.

It is submitted that the complaint petition was filed after two days of the occurrence. There is no medical report corroborating the statement of the informant about the rape. The wife of petitioner earlier filed complaint case No. 733 of 2009 and that is why this case has been lodged. The case has been

Patna High Court Cr.Misc. No.33554 of 2015 (3) dt.15-10-2015 2/2 compromised but the learned counsel for the informant opposed the prayer for anticipatory bail.

Taking into consideration the fact that the victim made very specific allegation of rape against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

The petitioner may surrender in the court below, i.e., learned S.D.J.M., Jamui in Mahila P. S. case No. 19/2015, within six weeks and pray for regular bail. The court below shall dispose of the bail petition of the petitioner without being prejudiced by this order.

(Prabhat Kumar Jha, J) BKS/- U T