Patna High CourtCR. MISC./12468/2015dismissed

Dhanji Singh v. The State Of Bihar

2015-08-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12468 of 2015 Arising Out of PS.Case No. -115 Year- 2014 Thana -DHANSOI District- BUXAR ====================================================== Dhanji Singh Son of Late Sakal Singh, Resident of Village - Ghodwachh, Police Station - Dinara, District - Rohtas.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Kumar Roy, Advocate.

For the Opposite Party : Mr. Anil Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-08-2015 Heard both sides.

The petitioner seeks bail in Dhansoi P.S. Case No. 115 of 2014 registered for the offences punishable under Section 376 and other Sections of the Indian Penal Code.

The victim made allegation that after taking tuition she was coming from the bus to her village, but the petitioner and other accused persons did not allow her to get down from the bus and took her to Dinara. The victim alleged that the petitioner kept her confined in a room and committed rape with her for two days. Shri Bikram Deo Singh, the learned counsel appearing on behalf of the petitioner submits that the occurrence took place on 23.09.2014, but after two weeks of the occurrence the FIR was lodged.

Patna High Court Cr.Misc. No.12468 of 2015 (4) dt.06-08-2015 2/2 It appears that the victim was a consenting party, but from perusal of the case diary it appears that almost all the witnesses have supported the factum of occurrence. The medical report found old injuries on the private part of the victim. She was sexually assaulted in past.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

However, the trial court is directed to expedite the trial and conclude the same within one year from the date of receipt of this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T