Md. Harun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37396 of 2014 Arising Out of PS.Case No. -114 Year- 2014 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ======================================================
1. Md. Harun S/o Bada Suleman Resident of Village - Sakarwasa, P.S. - Cheriya Bariyarpur, District - Begusarai.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Zainul Abedin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-01-2015 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
There is specific allegation of rape against the petitioner but submission on behalf of the petitioner is that in written report, the informant states that the alleged occurrence took place in her house, whereas in her statement recorded under section 164 Cr.P.C, she has stated that petitioner took her in his house and committed rape therefore, the aforesaid contradiction creates doubt about the genuineness of the prosecution case. It is further contended by him that the medical report also does not corroborate the story of rape.
Considering the aforesaid facts and circumstances as
Patna High Court Cr.Misc. No.37396 of 2014 (3) dt.28-01-2015 2/2 well as this aspect of the matter that in course of investigation, not only informant but also several other witnesses supported the prosecution case, I am not inclined to grant privilege of bail, to the petitioner accordingly, his prayer for bail in connection with Cheriya Bariyarpur P.S. Case No. 114 of 2014, pending in the court of Chief Judicial Magistrate, Begusarai stands rejected. However, if the case of the petitioner has not been committed to the court of session as yet, it must be committed within three weeks in accordance with law from the date of receipt/ production of copy of this order.
(Hemant Kumar Srivastava, J) Namita/- U T