Binod Chaudhary @ Binod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33549 of 2017 Arising Out of PS.Case No. -227 Year- 2016 Thana -WAJIRGANJ District- GAYA ====================================================== Binod Chaudhary @ Binod Kumar S/o Babu Chand Chaudhary @ Ramawtar Chaudhary Village : Jamuawa Tole Sikandarpur, P.S. - Wazirganj, District - Gaya.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Kaushik For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2017 Heard learned counsel for the petitioner.
This is an application for bail in connection with Wazirganj P.S.Case No. 227 of 2016 registered for the offences punishable under Section 376 of the Indian Penal Code. Allegation against the petitioner is of committing rape and also threatening the informant with dire consequence as petitioner is a "dabang" person.
It has been submitted on behalf of the petitioner that there is delay of 2 and a half months in lodging FIR and it has further been submitted that though it appears from the statement recorded under Section 164 Cr.P.C. of the victim girl that the parents of victim were informed about the occurrence on the same day but no case has been lodged at once. It has further been
Patna High Court Cr.Misc. No.33549 of 2017 (2) dt.26-07-2017 2/2 submitted that petitioner has falsely been implicated in this case and he is in custody for more than two months. Heard learned APP also, who has opposed the prayer for bail stating some delay in lodging FIR is bound to occur as it relates to prestige of the girl.
Having heard both sides and considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner.
However, learned trial court is directed to expedite the trial of the petitioner.
With the above observation, this application is dismissed.
(Vinod Kumar Sinha, J) spal/- U