Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1305 of 2020 Arising Out of PS. Case No.-23 Year-2019 Thana- MAHILA PS District- Jehanabad ====================================================== RAVI KUMAR S/O Praduman Kumar Resident of Village - Khapura, P.S.- Kako, District - Jehanabad.

... ... Appellant/s

Versus

THE STATE OF BIHAR Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Bijay Bhushan Prasad For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-07-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the parties.

The appellant has challenged impugned order dated 12.2.2020, passed by the Court below in a case filed for offence punishable under section 376/34 and other allied sections of the Indian Penal Code read with section 3 of the SC/ST Act. Prosecution's case in short is that the appellant and other accused persons, by administering some intoxicant, kidnapped the 13 years old girl of the complainant. It is submitted by learned counsel for the appellant that the appellant has falsely been implicated in this case. He submits that the case has been lodged after delay of nine days

Patna High Court CR. APP (SJ) No.1305 of 2020(4) dt.06-07-2020 2/2 without any explanation. Appellant is in custody since 6.1.2020, though he has no criminal antecedent.

Learned counsel for the State opposes the appellant's prayer. He submits that it was the appellant who administered intoxicant to the victim by closing her mouth to facilitate the commission of offence. He refers to her section 164 Cr.P.C. statement in which she has made specific allegation against this particular accused/the instant appellant.

In view of the specific allegation against the petitioner levelled by the victim herself in her aforesaid statement, prayer for bail of the petitioner is refused.

(Prabhat Kumar Singh, J) Shashi U T