Ram Babu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24560 of 2020 Arising Out of PS. Case No.-62 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RAM BABU SINGH Son of Late Ram Murti Singh Resident of VillagePaspura, P.S.- Muffasil, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-09-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner as also the learned APP for the State.

The present petition is by way of third attempt at the behest of the petitioner for grant of bail, inasmuch his prayer for bail in connection with Muffasil PS case no. 62 of 2018 under Section 376/34 of Indian Penal Code has already been rejected by this Court vide order dated 18.01.2019, passed in Cr. Misc. no. 71052 of 2018 and thereafter, the petitioner had filed second petition for grant of bail which was dismissed as not pressed vide order dated 11.12.2019, passed in Cr. Misc. no. 64758 of 2019.

The case of the prosecution as per the informant i.e.

Patna High Court CR. MISC. No.24560 of 2020(2) dt.24-09-2020 2/2 the victim girl is that her husband had gone to Delhi for livelihood and was working there as labour and on 06.02.2018 at about 11.30 in the night, when she was sleeping in her room and no male member was present in her house, the accused persons including the petitioner herein had entered into her house and closed her mouth with Gamchha (towel), whereafter the petitioner had committed rape with her.

The learned counsel for the petitioner has submitted that there is no chance of completion of trial in near future and the petitioner is languishing in custody since 12.02.2018. I have heard the learned counsel for the parties and perused the materials on record, from which it is apparent that the petitioner has been found prima facie to have committed a heinous crime of rape and moreover, no change in circumstance has been pointed out by the learned counsel for the petitioner so as to warrant re-consideration of the prayer of the petitioner for grant of bail, hence I do not find any merit in the present petition, thus the same stands dismissed.

(Mohit Kumar Shah, J) rinkee/- U T