Viky Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44737 of 2019 Arising Out of PS. Case No.-34 Year-2017 Thana- MAHILA P.S. District- Saran ====================================================== 1.

VIKY SHARMA Son of Rajendra Sharma Resident of Village- Atarsan, P.S.- Rasulpur, District- Saran.

2.

Ujjawal Prasad Son of Vindhyachal Prasad @ Phekan Prasad Resident of Village- Atarsan, P.S.- Rasulpur, District- Saran. 3.

Munnu Tiwari @ Maruti Tiwari Son of Kapil Muni Tiwari Resident of Village- Atarsan, P.S.- Rasulpur, District- Saran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in connection with Mahila Police Station Case No.34 of 2017 registered for the offences punishable under Sections 376/34 of the Indian Penal Code pending in the court of learned 1st Additional Sessions Judge, Saran at Chapra.

Allegation against the petitioners is that they committed gang rape against the informant by forcefully abducting her.

Submission of learned counsel for the petitioners is

Patna High Court CR. MISC. No.44737 of 2019(3) dt.30-09-2019 2/2 that allegation is not corroborated by medical evidence. The legal principle in this regard is well settled that to seek for corroboration, in such cases, would amount to insult to the womanhood. Hence, I am not inclined to enlarge the petitioners, above named, on bail. Prayer is refused. The learned trial court is directed to expedite the trial.

(Birendra Kumar, J) abhishek/- U T