Gorelal Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.17224 of 2015 (5) dt.28-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17224 of 2015 Arising Out of PS.Case No. -34 Year- 2014 Thana -MALAYPUR District- JAMUI ======================================================

1. Gorelal Yadav Son of Moti Yadav resident of village - Devachak, Police Station - Malaypur, District - Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s Mr. Hirday Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05/ 28.09.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

There is specific allegation of gang rape against the petitioner and other accused.

The submission on behalf of the petitioner is that first information report was lodged after six days of alleged occurrence and no sufficient explanation was given. It is further contended on behalf of the petitioner that medical report of the victim also does not support the accusation and apart from this, no injury either on the person of the victim or on the petitioner was found.

On the other hand, learned Addl. Public Prosecutor points out that blood stained cloth and other materials were recovered from the place of occurrence and victim has supported the accusation in her statement recorded under section 164 of the Cr.P.C. It is further contended by him that victim was minor and she was terrorized by the

Patna High Court Cr.Misc. No.17224 of 2015 (5) dt.28-09-2015 petitioner and his associates after occurrence that was the reason, she could not muster courage to tell before her parents. Considering the facts and circumstances as well as submissions of the parties, I do not feel it proper to release the petitioner on bail and hence, his prayer for bail in connection with Malaypur P. S. case no. 34/2014 pending in the court of the Chief Judicial Magistrate, Jamui stands rejected.

However, Chief Judicial Magistrate, Jamui/ concerned court is directed to commit the case of the petitioner to the court of sessions, if the same has not been committed as yet and after commitment, the concerned Sessions court must expedite the trial of the petitioner. shahid (Hemant Kumar Srivastava,J) U T