Vikram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 2849 of 2015 Arising out of P. S. Case No. - 79 Year - 2014 Thana - DEORIYA District - MUZAFFARPUR ======================================================
1. Vikram Kumar, Son of Shree Narad Sahni, resident of Village - Dharfari, Police Station - Deoria, District - Muzaffarpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Naresh Kumar Mehta, Advocate For the Opposite Party/s : Mr. Bharat Lal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-01-2015 Heard both sides.
The petitioner seeks regular bail in Deoria P.S. Case No. 79 of 2014, registered for the offences punishable under Sections 376/511 of the Indian Penal Code and Sections 8/18 of the Protection of Child from Sexual Offences Act, 2012. The informant made allegation that the petitioner assaulted his minor daughter and made an attempt to commit rape. Learned counsel for the petitioner submits that the petitioner is co-sharer of the informant. The medical report does not support the allegation of rape. The victim also made different statements. It is submitted that the case was lodged after four days of the occurrence.
On perusal of the record, it appears that the father of the victim made allegation of attempt to commit rape but the
Patna High Court Cr.Misc. No.2849 of 2015 (2) dt.22-01-2015 victim very vividly stated that how the petitioner assaulted her and made attempt to commit rape to her. She further disclosed that when the petitioner failed to commit rape he inserted his finger in her private parts. The doctor also found her age between 14-15 years.
Having considered the fact aforesaid and nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The learned Special Judge is directed to expedite the trial and conclude the same within nine months from the date of receipt/production of a copy of this order.
Kundan/- (Prabhat Kumar Jha, J.) U