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Patna High CourtCR. MISC./31220/2023dismissed

Gautam Kumar v. The State Of Bihar

2023-08-23Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31220 of 2023 Arising Out of PS. Case No.-84 Year-2022 Thana- MAHILA PS District- Gaya ====================================================== GAUTAM KUMAR Son of Raj Kumar Das @ Raj Kumar Ravidas Resident of village - Mahkhampur, P.S. - Barachatti, Distt. - Gaya, State - Bihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Alka Singh, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-08-2023 Heard Ms. Alka Singh, learned counsel for the petitioner and Mr. Bharat Bhushan, learned APP for the State. The petitioner is in judicial custody in connection with Mahila P.S. Case No.84 of 2022 instituted under Section 376 of the Indian Penal Code lodged on 08.10.2022 by the informant Pummy Kumari.

As per the prosecution story, the girl has alleged that the petitioner who is son of her maternal uncle raped her and she was alone in her home as she raised alarm, he ran away. Accordingly, the FIR.

The earlier bench had called for case diary on 12.07.2023 which has since been received and learned APP took this Court to paragraph-18 which is the statement of the girl where she has fully supported the prosecution story. Considering the kind of allegation that has come

Patna High Court CR. MISC. No.31220 of 2023(3) dt.23-08-2023 2/2 against the petitioner that two against his cousin sister, for the present this Court is not inclined to extend him privilege of bail, which is accordingly rejected.

In view of the fact that he is in custody since 10.10.2022 and charge sheet already stands submitted on 05.12.2022, the Trial court is directed to expedite the Trial and conclude the same at an earliest.

(Rajiv Roy, J) Prakash Narayan U T