Mokal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6019 of 2015 Arising Out of PS.Case No. -159 Year- 2012 Thana -MANSI District- KHAGARIA ======================================================

1. Mokal Yadav S/o Jaldhar Yadav, Resident of Village-Saidpur, P.SMansi, District- Khagaria, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Dr.M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-05-2015 Heard both sides.

The petitioner seeks bail in Mansi P.S.Case No.159 of 2012 registered under Section 376 of the IPC. The prosecutrix made allegation that while she was weeding in the filed, the petitioner dragged her and committed rape with her.

It is submitted that the victim was examined but the doctor did not find any injury or sign of rape. In her statement, she developed her allegation. The case was lodged after one day of the occurrence. The victim also made her statement under Section 164 CR.P.C. but she did not say about the rape.

It appears that the victim has made allegation that the petitioner committed rape with her. During the course of investigation, the prosecution witnesses have supported the allegation of rape. The doctor has assessed her age to be 17-19 years.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail and accordingly, the same is

Patna High Court Cr.Misc. No.6019 of 2015 (4) dt.05-05-2015 2/2 rejected.

The trial court is directed to expedite the trial and conclude the same within a period of nine month from the date of receipt or production of a copy of this order. If the trial is not concluded within the stipulated period, the petitioner may renew his prayer for bail (Prabhat Kumar Jha, J) ahk/- U T