Patna High CourtCR. MISC./2200/2017rejected

Dilip Sharma v. The State Of Bihar

2017-02-28Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.2200 of 2017 (4) dt.28-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2200 of 2017 Arising Out of PS.Case No. -225 Year- 2016 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ====================================================== Dilip Sharma, Son of Late Ayodhya Sharma @ Ayodhi Sharma, Resident of village - Kachhua, P.S. Kusheshwar Asthan, District - Darbhanga (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s : Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Kusheshwar Asthan P.S. Case No. 225 of 2016, registered for the offence punishable under Section 376 of the Indian Penal Code. Allegedly, the petitioner committed rape with the informant after brining her in his house.

Submission is of false implication and that there is contradiction in the statement recorded under section 164 Cr.P.C. It is not possible that rape will be committed after keeping leg on the neck. The petitioner has been implicated due to some ulterior motive. In the medical examination no sign of rape has been found and further the informant has not received any injury and as

Patna High Court Cr.Misc. No.2200 of 2017 (4) dt.28-02-2017 such the petitioner deserves sympathetic consideration. The learned A.P.P. duly assisted by learned counsel for the informant apposes the prayer of bail by submitting that victim in her statement under section 164 Cr.P.C. has supported the allegation of rape.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, serious in nature, I am not inclined to enlarge the petitioner on bail and accordingly such prayer is rejected.

(Jitendra Mohan Sharma, J) S.Sb/- U T