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Patna High CourtCR. MISC./25115/2018rejected

Ranbir Sah @ Randhir Shah v. The State Of Bihar

2018-08-07Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25115 of 2018 Arising Out of PS.Case No. -33 Year- 2017 Thana -MAHILA P.S. District- VAISHALI(HAJIPUR) ====================================================== Ranbir Sah @ Randhir Shah, S/o Vasist Shah, R/o Vill. - Aanthava Jivajor Sthan, P.S. - Patepur, District - Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 363, 366A, 376 of the Indian Penal Code as well as Sections 4, 6, 8, 10, 12 of the Protection of Children from Sexual Offenses Act, 2012.

Allegation against the petitioner is that he ravished to the informant on several occasion while mother of the petitioner had given shelter to the informant. The informant has supported the allegation of rape committed by the petitioner in her statement under Section 164 Cr.P.C. and disclosure to another lady vide para 102 of the case diary.

Submission of the learned counsel for the petitioner is that the allegation is not corroborated by any

Patna High Court Cr.Misc. No.25115 of 2018 (5) dt.07-08-2018 2/2 independent witness or the medical report as the Doctor has not found any sign of rape. The victim was of age group between 17 to 19 years.

The petitioner is in custody since 06.10.2017 and has got no criminal antecedent.

Considering the nature of allegation against the petitioner, I am not inclined to enlarge him on bail in connection with Vaishali Mahila Police Station Case No. 33 of 2017 pending in the court of learned 1st Additional Sessions Judge-cum-Special Judge, Vaishali at Hajipur.

Hence, prayer for bail is refused.

Learned trial court is directed to expedite the trial.

(Birendra Kumar, J) Kundan/- U T