Sunil Ram @ Sunil Kumar Bharti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34389 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== SUNIL RAM @ SUNIL KUMAR BHARTI, aged about 40 years, Male, Son of Late Ramadhar Ram Resident of Village - Kamta, P.S.- Bhabua, Dist.- Kaimur (Bhabua) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Sunil For the Opposite Party/s :
Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
There happens to be allegation of rape at the end of the victim in the night of 8/9.03.2019, while her husband was away.
Contention on behalf of the petitioner is that no offence of rape has been found by the I.O. and so, the chargesheet has been filed for an offence under Sections 323, 504, 506, 354 of the I.P.C. It has also been submitted that medical report is not in support of the prosecution. Also submitted that case has been compromised. Thus, the cumulative effect did not justify further detention.
The learned Additional Public Prosecutor opposed the
Patna High Court CR. MISC. No.34389 of 2019(4) dt.17-08-2019 2/2 prayer.
The F.I.R. has been registered against the petitioner along with unknown, who facilitated the petitioner to commit rape, but as is evident from the case diary, after elapse of sometime, the case has been compromised, but manner whereunder the I.O. formulated questionnaire and inquired the victim as well as her husband, speaks a lot and that happens to be reason behind filing of charge-sheet under Section 354 of the I.P.C. along with other allied Sections. The questionnaire so formulated is found duly corroborated with the medical report and that being so, prayer for bail is rejected. (Aditya Kumar Trivedi, J) vikash/- U T