Patna High CourtCR. MISC./46350/2016rejected

Pawan Kumar Bhagat @ Pawan Kumar v. The State Of Bihar

2016-12-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46350 of 2016 Arising Out of PS.Case No. -305 Year- 2016 Thana -PATORI District- SAMASTIPUR ====================================================== Pawan Kumar Bhagaat @ Pawan Kumar S/o Surendra Bhagar, R/o Dharmapur (Dakhili), P.S.- Tajpur (Halayi), District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brajesh Kumar, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody in connection with Patori P.S. Case No. 305 of 2016 for the offences punishable under Sections 341/323/376/511/354/34 of the Indian Penal Code. Allegation against the petitioner and others is that they intercepted Rani Kumari @ Arohi Malakar while she was returning from her school and took her near a tree and attempted to commit rape with her. The victim girl has supported the aforesaid allegation before the police.

Submission of the petitioner is that petitioner is in custody since 31.07.2016. Delay in lodging of the case has wrongly been explained that since the victim was unconscious the

Patna High Court Cr.Misc. No.46350 of 2016 (3) dt.20-12-2016 2/2 F.I.R. could not be lodged; whereas father of the victim has stated before the police that on the date of occurrence itself the victim disclosed about the occurrence. He further submits that due to frivolous dispute the present false case has been lodged. Considering the statement of the victim girl, I am not inclined to enlarge the petitioner on bail for the present. Hence, the bail prayer of the petitioner is refused. The Court-below is directed to expedite the trial. If the trial is not concluded within nine months from the date of receipt of a copy of this order, the petitioner may renew the prayer for bail.

(Birendra Kumar, J) Mkr./- U T