Shiva Hembram v. The State Of Bihar

Patna High Court Cr.Misc. No.49488 of 2016 (6) dt.23-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49488 of 2016 Arising Out of PS.Case No. -45 Year- 2016 Thana -KORHA District- KATIHAR ====================================================== Shiva Hembram S/o Haridwar Hembram R/o Srikol, P.S. Korha, Distt katihr.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Korha P.S. Case No. 45 of 2016 registered under Sections 376 of the Indian Penal Code.

Learned counsel for the petitioner submits that he has falsely been implicated in the present due to village politics. The medical report also does not corroborate the allegation of rape. Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner with submission that there is direct and specific allegation of rape against the petitioner. Also the victim, in her statement under Sections 161 Cr.P.C and 164 Cr.P.C, has supported the allegation of rape.

Patna High Court Cr.Misc. No.49488 of 2016 (6) dt.23-02-2017 Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

However, petitioner may renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) Prakash/- U T