Chandan Kumar @ Chandan Singh. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15590 of 2015 Arising Out of PS.Case No. -118 Year- 2014 Thana -MANER District- PATNA ====================================================== Chandan Kumar @ Chandan Singh. son of late Kapildeo Singh resident of Village Narhana P.S. Maner District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abinash Chndra Jha For the Opposite Party/s : Mr. Mukesh Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-11-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Sections 376/34 of the Indian Penal Code.

The victim made a specific allegation that the petitioner and Vikash Kumar put her on the ground and committed rape with her. Learned counsel for the petitioner submits that there was a fighting between two groups - one belonged to Scheduled Castes and another to Forward Class. No such occurrence ever took place. The doctor did not find any sign of rape. The petitioner is a handicapped.

It appears that the victim made a very specific allegation that the petitioner and Vikash Kumar committed gang rape with her. The victim gave her statement on 31.03.2014 but she was examined on 02.04.2014 after lapse of more than 48

Patna High Court Cr.Misc. No.15590 of 2015 (4) dt.24-11-2015 2/2 hours, the doctor did not find any spermatozoa or injury on her person. The witnesses have supported the case of the prosecutrix. Having considered the fact that the petitioner is alleged to have committed gang rape with the informant, I am not inclined to enlarge the petitioner on anticipatory bail in Maner P.S. Case No. 118/2014. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T