Hari Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34508 of 2020 Arising Out of PS. Case No.-47 Year-2019 Thana- MAHILA P.S. District- Kishanganj ====================================================== Hari Mohan Kumar, son of Late Jharu Lal resident of Kurimani police station Thakurganj Distt. Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-04-2021 Heard Mr. Dilip Kumar Singh, learned counsel for the petitioner; Mr. Mr. Amal Kumar Singh, learned counsel for the informant; and Mr. Md. Aslam Ansari, learned APP for the State.

The petitioner seeks bail in connection with Kishanganj Mahila P. S. Case No. 47 of 2019, dated 29.11.2019, instituted for offences under Sections 341, 323, 313/511, 376, 504/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.34508 of 2020(5) dt.13-04-2021 2/3 The accusation against the petitioner is of having raped the victim continuously.

The learned counsel for the petitioner has submitted that according to the own showing in the F.I.R., the occurrence had first time taken place six months ago.

Apart from this, it has been stated that the victim has in her statement under Section 164 Cr.P.C. stated about the love affairs between the petitioner and her.

Lastly, it has been submitted that the victim is a major and therefore whatever has happened is only with the consent of the victim.

None of these grounds weigh with this Court in granting bail to the petitioner who is alleged to have entered into a liaison with the victim and thereafter kept raping her and refused to marry her also.

The prayer for bail is rejected.

However, looking at the period of custody of

Patna High Court CR. MISC. No.34508 of 2020(5) dt.13-04-2021 3/3 the petitioner, it is directed that the trial court shall take all possible steps to conclude the trial, preferably within a period of one year from the date of production/receipt of a copy of this order.

(Ashutosh Kumar, J) skm/- U T